The Supreme Court of the United States on Thursday released a retirement letter written by the Associate Justice Stephen Breyer. The January 27 letter is heralded by a leak the day before that suggests Breyer is about to step down from the nation’s highest court.
Untitled letter Joe Biden by name. It refers to him simply as “Mr. President,” and it begins the process by which the president must nominate and the senate must confirm a successor.
As for the timeline, Breyer is quite clear – but still nuanced – to seem to want to avoid any political friction or stagnation with his successor placement.
“I intend this decision to take effect when the Court takes a break this summer (usually late June or early July) assuming that my successor has been nominated and confirmed by that time. that point,” Breyer clarified. As a result, the letter indicates that any nomination process has stalled – such as what happened in By Barack Obama try to replace tardiness Antonin Scalia – would result in Breyer’s stay in court.
Breyer wrote that he wants to “retire from regular active judicial services” and “serve under the provisions of 28 USC § 371(b).”
That law allows Breyer to “retain the office” he holds but to “retire from regular active duty upon reaching age and meeting service requirements” given on a sliding scale elsewhere in the policy. regime. Since Breyer has been on the bench continuously since August 3, 1994, and is 83 years old, it’s easy for him to meet those requirements and actually go beyond the minimum and maximum requirements that he should have been. He would have fully retired many years ago.
The statutes state that Breyer “for the remainder of his life shall continue to receive the wages of the office” he has held.
“Office” would become a perfunctory title – once Justice, always Justice – as the law requires President Biden to “appoint, by and with the advice and consent of the Senate, who successor to a retired justice or judge” by statute.
Breyer’s mail area suggests he may choose to hear cases on a circuit appellate court when assigned to sit. Retired Justice David Souter has occasionally testified on matters at the 1st Circuit Court of Appeals in Boston near his native New Hampshire and actually did so more than a decade after he retired from the US Supreme Court in June 2015. 2009.
Breyer mentioned the terms of his service briefly – “nearly 14 years as a Judge of the Court of Appeals and almost 28 years as a Member of the Supreme Court” – before noting that The work is both “challenging and meaningful”.
He also subdued any hint that the corridors of justice could be filled with hostility and tyranny in a time of growing partisanship.
Breyer writes: “My relationship with each of my colleagues is warm and friendly. “Throughout, I am aware of the great honor to be involved as judge in the effort to uphold our Constitution and the rule of law.”
Senate Majority Leader Chuck Schumer (DN.Y.) yes signaled that he wants to go from nomination to confirmation in about 30 days – the process used by Republicans for Justice Amy Coney Barrett after justice Ruth Bader Ginsburg’s death in the days of decline of government Donald Trump.
On Thursday, President Biden repeat that he intends to nominate the first Black woman to the Supreme Court.
“I make no decisions except that someone I will nominate will be someone of extraordinary qualifications, character, experience and integrity,” he said. “And that person would be the first Black woman ever to be nominated to the Supreme Court of the United States. It’s long overdue.”
Read the full letter below:
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https://lawandcrime.com/supreme-court/justice-breyer-pens-retirement-letter-telling-white-house-hell-leave-scotus-if-successor-has-been-nominated-and-confirmed-by-end-of-term/ Justice Breyer Pens Retirement Letter to the White House