Breyer hears last argument of lengthy Supreme Court career

Justice Stephen Breyer on Wednesday participated in the last scheduled oral argument of his nearly 28-year career on the Supreme Court.

He is set to retire this summer.

Breyer, 83, posed sharp questions in a clash between Oklahoma and tribal authorities over the power to prosecute crimes involving non-Native American defendants and Native American victims.

At the conclusion of Wednesday’s arguments, an emotional Chief Justice John Roberts paid tribute to Breyer’s long tenure on the court.

“For 28 years, this has been his arena for remarks profound and moving, questions challenging and insightful, and hypotheticals downright silly,” said Roberts, his voice quavering. “For now, we leave the courtroom with deep appreciation for the privilege of sharing this bench with him.”

A moderate liberal jurist known for his pragmatic approach to law and his challenging, colorful hypothetical questions at argument, Breyer will remain on the court through its current term, which is expected to see potentially blockbuster rulings narrowing abortion rights and interpreting the Second Amendment by late June or early July. 

The timing of Breyer’s departure is consistent with the modern trend of Supreme Court justices stepping down when the White House is controlled by the party behind their nomination, a dynamic sometimes referred to as “strategic retirement.”

Breyer will be replaced by his former clerk Ketanji Brown Jackson, who was confirmed by the Senate earlier this month. She will be the nation’s first Black female Supreme Court justice and is expected to take his place on the court’s liberal minority.

Her addition will not fundamentally change the ideological balance on the 6-3 conservative-majority court, but court watchers say Jackson’s unique voice and background, including her service as a public defender, could make her a forceful presence on the bench.

Appearing with President Biden at a White House ceremony after her confirmation, Jackson called her clerkship under Breyer “an extraordinary gift” for which she has become “more grateful with each passing year.”

“Justice Breyer’s commitment to an independent, impartial judiciary is unflagging. And for him, the rule of law is not merely a duty; it is his passion,” Jackson said at the April 8 event. “I am daunted by the prospect of having to follow in his footsteps. And I would count myself lucky indeed, to be able to do so with even the smallest amount of his wisdom, grace and joy.”

This story was updated at 12:26 p.m.