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What Next: Bye Bye, Breyer

Slate Daily Feed

Slate

Business, News, Society & Culture

3.91.1K Ratings

🗓️ 27 January 2022

⏱️ 27 minutes

🧾️ Download transcript

Summary

This week, Justice Stephen G. Breyer is expected to announce his plan to retire from the Supreme Court at the end of its term this summer. Breyer’s signal comes after a year-long pressure campaign from the political left and others anxious to ensure that Democrats control who replaces the court’s most senior liberal justice. Guest: Mark Joseph Stern, who covers courts and the law for Slate. If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get benefits like zero ads on any Slate podcast, bonus episodes of shows like Slow Burn and Dear Prudence—and you’ll be supporting the work we do here on What Next. Sign up now at slate.com/whatnextplus to help support our work. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

Hi, what a day, huh?

0:12.3

Mark covers the Supreme Court for Slate.

0:15.3

How are your notifications doing?

0:17.0

I had to shut them all off.

0:19.2

I did that new focus mode, you know, on my phone because otherwise it would have actually

0:24.9

exploded into flames.

0:29.5

I called Mark up because yesterday we learned Justice Stephen Breyer was going to do something

0:35.1

many progressives had been anxiously pushing him to do for a year, retire.

0:42.4

It's traditional for justices to announce these kind of moves in the summer after they've

0:46.0

worked through their annual docket.

0:48.2

It just cuts down on the awkward lame duck phase.

0:51.4

So even though Breyer is 83 years old, the most senior justice by far, this was a January

0:59.1

surprise for a lot of reporters.

1:01.9

Not Mark though.

1:02.9

Look, I will say not to give myself too much credit.

1:06.5

I predicted a little while ago that Breyer would not step down during the first summer

1:13.1

of Biden's presidency and would step down during the second.

1:16.4

Why did you predict that?

1:18.2

He has such a romantic view of the court.

1:22.8

He believes that it is a genuinely independent, nonpartisan institution.

1:27.8

And I think he would have felt like it was a little partisan, a little unsavory for him

1:34.6

to just suddenly retire because there was a Democrat in the White House.

...

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