Justice Stephen G. Breyer, the liberal judge who retired from the Supreme Court in 2022, expressed openness to supporting an age limit for the justices in a recent interview. He stated, “Human life is tough, and moreover, you get older.” During an interview on NBC’s “Meet the Press,” Breyer, 85, acknowledged the challenges of aging and the importance of giving others a chance to serve in these positions. He suggested that an 18- or 20-year term could achieve the same goal of preventing justices from focusing on the next job, similar to what a lifetime appointment currently does.
Breyer retired reluctantly in 2022 amidst pressure from liberals to prevent further conservative dominance on the court. President Biden then appointed Ketanji Brown Jackson to the Supreme Court. Reflecting on his retirement decision, Breyer mentioned that an age limit would have alleviated the difficulty of determining the right time to retire.
In addition, Breyer criticized the conservative Supreme Court majority’s decision to overturn Roe v. Wade in 2022. He, along with Justices Sonia Sotomayor and Elena Kagan, expressed dissent, arguing that the majority’s opinion threatened the security of rights not deeply rooted in history. Breyer disapproved of the originalist legal doctrine adopted by some justices, stating that it restricts judges from doing what they believe is right.
Breyer warned that overturning Roe v. Wade would lead to more legal challenges and emphasized the potential impact on women’s access to abortion. He highlighted the upcoming Supreme Court case on access to termination pills in his forthcoming book.
