Justice Breyer’s legacy and the future of the Supreme Court

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Supreme Court Associate Justice Stephen Breyer holds up a copy of the United States Constitution as he announces his retirement in the Roosevelt Room of the White House in Washington, Thursday, Jan. 27, 2022. (AP Photo/Andrew Harnik)

Supreme Court Associate Justice Stephen Breyer holds up a copy of the United States Constitution as he announces his retirement in the Roosevelt Room of the White House in Washington, Thursday, Jan. 27, 2022. (AP Photo/Andrew Harnik)

Supreme Court Justice Stephen Breyer announced his retirement this week, with plans to likely end his time on the bench by the end of the summer. The 83-year-old justice, appointed by former President Bill Clinton in 1994, is the oldest court member and one of its only three liberal justices. President Biden has promised to nominate a Black woman to the high court, a historic first, and is expected to have his choice confirmed, as SCOTUS nominees are exempt from filibuster and only require a simple majority vote.

Today, we’ll look at Breyer’s legacy, talk with a former Breyer law clerk, discuss President Biden’s possible nominees and the effect a new justice could have on the future of the court.

Guest:

Theodore Ruger, Dean of the University of Pennsylvania Carey Law School and Bernard G. Segal Professor of Law. He was a law clerk to Justice Breyer.

Lisa Tucker,  associate professor at Drexel University’s Thomas R. Kline School of Law.

Jeffrey Rosen, CEO and President of the National Constitution Center and a professor of Law at The George Washington University Law School. He’s the author of Conversations With RBG: Justice Ruth Bader Ginsburg on Life, Love, Liberty, and Law. @rosenjeffrey

 

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