To the dismay of Democrats, Supreme Court Justice Stephen Breyer stated on Sunday that he will not be retiring anytime soon.
— The Daily Wire (@realDailyWire) September 13, 2021
“Supreme Court Justice Stephen Breyer criticized how politically charged the Supreme Court has become in terms of people’s opinions about the judiciary in an interview with ‘Fox News Sunday,’ while expressing hope that the institution will not lose the public’s trust.
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Breyer, 83, spoke on an idea from his new book, “The Power of the Court and the Peril of Politics,” in which he quotes Alexander Hamilton as saying that the judicial branch, unlike the other departments of the federal government, relies on public acceptance to retain its authority. Despite the country’s political division, Breyer isn’t ready to claim that the court’s authority is in jeopardy.”
“I believe that, to some extent, people understand why Hamilton’s idea is a good one. And he believed the court should be present because “there should be someone – someone who says when the other two arms of government have gone outside the bounds of this document,” as Breyer put it.
“Well, if one party could do it, I assume another party could do it,” he remarked of court overcrowding. “On the surface, it appears to me that if you start moving things around, people would lose faith in the court.”
“I think you could accomplish that,” he says of term limits for the Supreme Court. It should be for a long period of time since you don’t want the judge who is serving at the time to become disgruntled.
“There are numerous factors, in fact, quite a few,” Breyer noted of his own retirement. “And one of them is the role of the court and so forth. And there are some institutional considerations, as well as the situation. And I believe that, while I cannot claim to take everything into account perfectly, I do consider such things in my own thinking. I didn’t retire because I concluded on balance that I wouldn’t retire with those factors in mind.”
“That’s the political environment,” Breyer remarked of acrimonious political battles over Supreme Court nominees. “Now, you may not like it, and I may not like it, but if enough people in the public want it changed or modified in some manner, it will be.”