Justice Breyer Retires: Initial Considerations [January 28, 2022]   [open pdf - 847KB]

From the Document: "On January 27, 2022, Justice Stephen G. Breyer announced [hyperlink] that he would retire from active service as an Associate Justice of the Supreme Court at the end of the Court's current Term, 'assuming that by then [his] successor has been nominated and confirmed.' This Legal Sidebar provides an overview of key legal issues that Congress (and particularly the Senate, through its advice-and-consent role) may consider as it reflects on Justice Breyer's tenure on the Court and how his successor might shape the Court's future jurisprudence. The discussion below summarizes Justice Breyer's approach to judging generally before highlighting several areas where Justice Breyer staked out significant legal positions, both through majority opinions and dissents that he authored and through his votes. As the decisions cited below illustrate, Justice Breyer's pragmatic approach has generally led him to prefer standards, which would allow judges to consider all the relevant circumstances, over strict rules. He has frequently taken fact-specific [hyperlink] approaches to resolving cases and interpreting statutes by looking to their context [hyperlink] and operation [hyperlink]."

Report Number:
CRS Legal Sidebar, LSB10691
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
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