Retired Justice Breyer Brushes Off Calls for Sotomayor's Retirement, Calls Her a Spring Chicken

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ICARO Media Group
Politics
28/04/2024 21h16

In a recent interview with Fox News host Shannon Bream on "Fox News Sunday," retired Supreme Court Justice Stephen Breyer rejected the calls for Justice Sonia Sotomayor to step down from the bench, dismissing her as a "spring chicken." The 83-year-old Breyer, who himself retired at the age of 83, emphasized that the decision to retire rests with the judge and not external pressures.

Calls for Sotomayor's retirement have been mounting in recent months, including an op-ed published in the Atlantic. Left-leaning pundits and academics argue that with President Biden in office and a Democrat-controlled Senate, now would be an opportune time for Sotomayor to retire, as her replacement could be approved before the next presidential election.

However, Breyer emphasized the age difference between himself and Sotomayor, stating, "There is a difference. She is a spring chicken and I'm an old rooster." He further expressed that judges have the option to remain on the bench until they are 150 years old, highlighting the lifetime nature of their appointments.

Sotomayor, who is 69 years old and has served on the Supreme Court since 2009, is the oldest liberal-leaning justice but younger than conservative justices Samuel Alito, 74, and Clarence Thomas, 75. Her supporters argue that if she doesn't retire under the Biden administration, there's a risk of losing her seat to a conservative justice if Republicans regain control of the White House and Senate after the next election.

During the interview, Breyer also reflected on his friendship with the late Justice Antonin Scalia, despite their differing legal opinions. Breyer's new book, "Reading the Constitution: Why I Chose Pragmatism, Not Textualism," criticizes conservative justices for overturning Roe v. Wade. Breyer identifies as a pragmatist, while Scalia was a textualist who interpreted laws based on their plain meaning.

Breyer shared an anecdote about visiting students in Texas with Scalia, where they discussed their contrasting views on constitutional interpretation. He emphasized the changing nature of society and how it affects the application of constitutional values. Scalia's sudden death in 2016 at the age of 79 ended their debates.

Though retired, Breyer continues to engage in legal discussions and promote his book. His perspective sheds light on the dynamics of the Supreme Court and the personal relationships that can exist among justices with divergent opinions.

As for Sotomayor, the decision regarding her retirement ultimately lies with her, regardless of the pressures and advice coming from various quarters. Only time will tell if and when she chooses to step down from the bench and, in doing so, shape the future of the highest court in the land.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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