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The Supreme Court is Getting a New Member

Thursday, Jan 27, 2022

Image: Ariel Zambelich/NPR

⚖️ Justice Stephen Breyer will step down from the Supreme Court when the current term ends, Senate Majority Leader Chuck Schumer confirmed yesterday. Breyer, 83, was appointed to the high court by President Clinton in 1994 and is currently its oldest member.

  • A moderate liberal, he "wrote many of the court's legally important but less glamorous decisions and sought, behind the scenes, to build consensus for centrist decisions on a conservative court," NPR reports.
  • Breyer's departure is expected over the summer and won’t change the Court’s 6-3 conservative advantage, as his replacement will be nominated by President Biden and almost certainly confirmed by the Democrat-led Senate.
  • Democrats will likely act quickly to ensure the nominee is in place when the Court's new term begins on October 3. Biden previously promised on the campaign trail to nominate a Black woman to the Court.

+Fun fact: Breyer’s 87-9 confirmation to the Supreme Court in 1994 was the last one with fewer than 10 dissenting votes.

+Crystal ball: See the short-list of replacement candidates.

+Go deeper: From the Left | From the Right

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