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Professors Lisa A. Tucker and David S. Cohen on Justice Stephen Breyer’s Retirement

Portrait of U.S. Supreme Court Justice, Stephen Breyer

February 07, 2022

After U.S. Supreme Court Justice Stephen Breyer announced his retirement from the Court in late January 2022, Professors Lisa A. Tucker and David S. Cohen have been called on to speak about Justice Breyer and the future of the Supreme Court.

On January 26, 2022, Kline Law Professor Lisa Tucker was interviewed on KYW Newsradio In Depth. She spoke about the news that Supreme Court Justice Stephen Breyer is retiring after the end of the Supreme Court’s 2022 term in June.

Headshot of Lisa Tucker

Tucker speculated that the unusual timing of the announcement—these sorts of announcements are usually made at the end of the Supreme Court term—might be a strategy to allow the Biden administration to prepare a nomination ahead of the midterm elections, in which Republicans might take over the Senate.

In an interview with WHYY Radio Times, Tucker talked about how she thought we’d remember Justice Breyer in years to come. She also spoke about the potential nominees to fill Justice Breyer’s seat. (Tucker’s comments begin around minute 15.)

Headshot of David Cohen

On January 26, 2022, Kline Law Professor David S. Cohen wrote an article for Rolling Stone about Justice Stephen Breyer’s retirement. In the piece, Cohen discusses the importance of replacing Justice Breyer with a younger Justice to ensure his seat on the Court remains liberal. Additionally, fulfilling his campaign promise to put the first Black woman on the Supreme Court would be a huge victory for Biden. However, Cohen points out that doing so will not change the overall ideological make-up of the Supreme Court.