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Supreme Court Justice Stephen Breyer is retiring, Fox News confirmed, setting President Biden up with the first opportunity to fill a vacancy on the high court.
A source close to Breyer told Fox News that the justice will step down at the end of the current Supreme Court term early this summer.
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FILE PHOTO: Associate Justice Stephen Breyer poses during a group photo of the Justices at the Supreme Court in Washington, U.S., April 23, 2021. Erin Schaff/Pool via REUTERS/File Photo (Erin Schaff/Pool via REUTERS/File Photo)
Breyer, who is 83, has been the subject of rampant speculation about his retirement. Liberal activists were calling for the justice to retire soon after Biden was inaugurated.
Breyer was appointed by former President Bill Clinton, a Democrat. Breyer’s replacement will need to be confirmed by the Senate, which is currently split 50-50 between Democrats and Republicans, with Democrats technically holding the majority because Vice President Harris can break ties.
White House Press Secretary Jen Psaki said Wednesday that the White House won’t be commenting, at least for now, about Breyer stepping down.
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“It has always been the decision of any Supreme Court Justice if and when they decide to retire, and how they want to announce it, and that remains the case today. We have no additional details or information to share from @WhiteHouse,” she tweeted.
During his campaign, Biden promised that he would nominate a Black woman to the Supreme Court. One potential option is D.C. Circuit Judge Kentanji Brown Jackson – a progressive favorite who Biden nominated last year.
Fox News’ James Levinson contributed to this report.
