Breyer's Retirement: Legacy, Fallout & The Battle Ahead

(January 31, 2022, 3:33 PM EST) -- Justice Stephen Breyer will resign his post after more than 27 years on the bench. Here, Law360 looks at the liberal justice's legacy and what comes next in the battle to fill his seat.

Justice Breyer sat down with Law360 in 2017 for a wide-ranging exclusive interview.

PART 1: Justice Breyer On The Limits Of Presidential Power

PART 2: Justice Breyer On Changing His Mind And Sparring With Scalia

Justice Breyer To Retire From High Court
By Jacqueline Bell  |  January 26, 2022

Justice Stephen Breyer, one of the longest-serving liberal members of the U.S. Supreme Court, will resign his post, giving President Joe Biden his first opportunity to appoint a new justice to the high court.


Breyer Retiring As Supreme Court Lurches Right
By Jimmy Hoover  |  January 27, 2022

Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?


The Politics And Pragmatism Of Breyer's Exit Timing
By Andrew Strickler  |  January 28, 2022

U.S. Supreme Court Justice Steven Breyer's announcement that he's stepping down wasn't exactly a shock to court watchers. But the January announcement is unusually early and gives Democrats extra time to get his successor named and through the difficult confirmation process.


Biden At His Side, Justice Breyer Announces Retirement
By James Arkin  |  January 27, 2022

Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.


'Just Do Your Job': Justice Breyer's Legacy Of Pragmatism
By Jimmy Hoover  |  January 26, 2022

With the coming retirement of Justice Stephen Breyer, the U.S. Supreme Court loses not only a core member of its liberal bloc, but also a judicial thinker who cares deeply about making the law work on a practical level, those who worked with him said.


OPINIONS
5 Breyer Opinions You Need To Know
By Cara Bayles  |  January 26, 2022

Justice Breyer, who announced Wednesday that he would step down from the court after 27 years, was a pragmatist who thought about the real-world implications of the high court's decisions. Here, Law360 looks at some of the cases that epitomize his career.


POTENTIAL BIDEN NOMINEES
Meet The Possible Nominees For Justice Breyer's Seat
By Andrew Kragie  |  January 26, 2022

President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here, we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.


Judge Jackson Back In Spotlight As High Court Contender
By Andrew Kragie  |  January 27, 2022

The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.


Democrats Plan Swift Confirmation Of Breyer Successor
By James Arkin  |  January 26, 2022

The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.


BIGLAW CLERKS
Ex-Breyer Clerks Praise Jurist As Consensus Builder
By Aebra Coe  |  January 26, 2022

U.S. Supreme Court Justice Stephen Breyer, whose impending retirement was revealed Wednesday, has gained a reputation among his former clerks as a consensus-builder and a "statesman" who has looked to build bridges with the overarching goal of preserving the integrity of both the courts and democracy.


AUDIO
An Ode To The 'Breyer Hypothetical'
By Steven Trader  |  January 28, 2022

Justice Stephen Breyer announced his upcoming retirement from the U.S. Supreme Court on Thursday, ending nearly three decades on the bench where he built a reputation of pragmatism, congeniality and the remarkable ability to uncork a truly inventive question during an oral argument.


The Term: Breyer's Legacy And The Nomination To Come
By Jimmy Hoover and Natalie Rodriguez  |  January 27, 2022

Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.


MORE COVERAGE
4 Breyer Opinions Every Trial Lawyer Should Know
Justice Breyer Set Many Standards For Arbitration Community
Breyer Leaves Legacy Of Extending Constitution To Migrants
4 High Court Tax Decisions Justice Breyer Helped Shape
Breyer Leaving A Moderate's Mark On Antitrust Law
5 Breyer Opinions In Auto, Trucking Preemption Battles
5 Breyer Opinions For Financial Services Attys To Know
6 Breyer Product, Personal Injury Opinions Attys Should Know
4 Highlights In Breyer's Legal Legacy For Health, Life Sciences
Breyer's Departure Opens Door For More Reliable Privacy Vote
Why Breyer Is To Thank (Or Blame) For Sentencing Guidelines
6 Breyer Opinions & Dissents Employment Attys Should Know
Breyer's Most Important Writings About The Environment
Breyer's Rulings Shaped By Wariness Of Intellectual Property
4 Opinions That Shaped Justice Breyer's Media Legacy
Gitmo Cases Loom Large In Breyer's National Security Legacy
Justice Breyer On State Tax: Key Moments To Know

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