Breyer says he’s undecided on Supreme Court retirement

Supreme Court Justice Stephen Breyer told CNN in a new interview that he is undecided on retirement. 

The 83-year-old justice said “no” when CNN legal analyst Joan Biskupic asked if he has decided when he will retire.

He also detailed two reasons that would contribute to any decision to leave the court. 

“Primarily, of course, health,” Breyer said. “Second, the court.”

Liberals have been urging Breyer to step down while the Senate and White House are under Democratic control so a younger, liberal justice can replace him.

However, Breyer is happy with his position as the top liberal justice on the court and can influence private discussions between his colleagues, CNN noted.

It “has made a difference to me,” Breyer told the network.

“It is not a fight. It is not sarcasm. It is deliberation,” he added. 

As liberals pressure Breyer to step down, Senate Majority Leader Charles Schumer (D-N.Y.) recently said that Senate Democrats “stand ready to expeditiously fill any potential vacancies on the Supreme Court should they arise.”

“This new report suggests Justice Breyer’s desire to stay is based less on a high-minded notion that he might somehow preserve the Court’s reputation for independence, and more on the fact that he finds it personally fulfilling to get the chance to serve in the role of the Court’s senior liberal,” Brian Fallon, executive director of the progressive group Demand Justice, said in a statement on Thursday. “In other words, this is about ego.”

“Already, some of Justice Breyer’s clerks are starting to speak out against their former boss’ apparent decision to stay, which is a sign of how widely held the view is that Breyer is acting recklessly,” Fallon added.

–Morgan Chalfant contributed to this report, which was updated at 10:30 a.m.