The announcement could come as soon as Thursday, although Breyer plans to remain on the bench until a new Supreme Court nominee is confirmed, according to CNN. White House officials did not immediately confirm the reports.
“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,” White House press secretary Jen Psaki said in a statement posted on social media. “We have no additional details or information to share from (the White House).”
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
President Joe Biden said told reporters he would have “more to say later” about Breyer’s retirement, adding that the liberal justice justice had yet to officially announce his decision.
“Let him make whatever statement he wants to make and I’m happy to talk about it later,” the president said.
Breyer’s retirement will give Biden his first chance to name a justice to the nation’s highest court. During the race for the White House in 2020, Biden said he planned to nominate a Black woman to serve on the Supreme Court if he was given the opportunity.
“I’ll appoint the first Black woman to the Court. It’s required that they have representation now — it’s long overdue.”
Among the people likely to be considered for the role are U.S. Circuit Judge Ketanji Brown Jackson and California Supreme Court Justice Leondra Kruger, according to NPR. Civil rights lawyer Sherrilyn Ifill and U.S. District Judge J. Michelle Childs are also among the possible nominees, the AP reported.
In a statement obtained by Reuters, Senate Majority Leader Chuck Schumer, D-N.Y., praised Breyer for his work on the Supreme Court and vowed that any nominee put forth by Biden “will receive a prompt hearing in the Senate Judiciary Committee, and will be considered and confirmed by the full United States Senate with all deliberate speed.”
In a series of Twitter posts, Sen. Lindsey Graham, R-S.C., noted that Democrats have enough votes to confirm Breyer’s replacement without Republican support.
“Elections have consequences, and that is most evident when it comes to fulfilling vacancies on the Supreme Court,” he wrote.
Justice Breyer has always shown great respect for the institution and his colleagues, and I wish him well in the next phase of his life.
Breyer has served on the Supreme Court since he was appointed to the role by President Bill Clinton in 1994. Before that, he served on the U.S. Court of Appeals for the First Circuit after being appointed to the court in 1980 by President Jimmy Carter. He served as chief justice of the court from 1990 to 1994.
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Photos: Stephen Breyer through the years Here are some memorable photos of Supreme Court Associate Justice Stephen Breyer through the years. (Chip Somodevilla/Getty Images)
Photos: Stephen Breyer through the years 1994: U.S. President Bill Clinton and his Supreme Court nominee Stephen Breyer walk to the Rose Garden of the White House in Washington on Monday, May 16, 1994, where the president officially introduced Breyer to the nation. (AP Photo/Doug Mills)
Photos: Stephen Breyer through the years 2003: U.S. Supreme Court Justices (from left, seated) Chief Justice William H. Rehnquist, Associate Justice Sandra Day O'Connor, Associate Justice Anthony M. Kennedy, (from left, standing) Associate Justice Clarence Thomas and Stephen G. Breyer pose for pictures at the U.S. Supreme Court on December 5, 2003, in Washington, D.C. (Mark Wilson/Getty Images)
Photos: Stephen Breyer through the years 2005: Supreme Court Justice Stephen Breyer (right) and Henrietta Fore, director of the U.S. Mint, participate in a ceremony to unveil the Chief Justice John Marshall Silver Dollar on May 4, 2005, at the Supreme Court Upper Great Hall in Washington, D.C. (Chip Somodevilla/Getty Images)
Photos: Stephen Breyer through the years 2009: Former U.S. Supreme Court Justice Sandra Day O'Connor (left) talks with Justice Stephen Breyer during the Sandra Day O'Connor Project on the State of the Judiciary's forum "Striking the Balance: Fair and Independent Courts in a New Era" at Georgetown University Law Center May 20, 2009, in Washington, D.C. (Chip Somodevilla/Getty Images)
Photos: Stephen Breyer through the years 2010: U.S. Supreme Court justices Ruth Bader Ginsburg (left), Stephen Breyer, Vice President Joseph Biden and first lady Michelle Obama smile as President Barack Obama speaks during a reception in honor of Jewish American Heritage Month on May 27, 2010, in the East Room of the White House in Washington, D.C. (Alex Wong/Getty Images)
Photos: Stephen Breyer through the years 2011: Supreme Court Justices Stephen Breyer testifies during a hearing before the Senate Judiciary Committee on October 5, 2011, on Capitol Hill in Washington, D.C. (Alex Wong/Getty Images)
Photos: Stephen Breyer through the years 2012: U.S. Supreme Court Associate Justice Stephen Breyer arrives for a lunch hosted in honor of Prime Minister David Cameron at the State Department on March 14, 2012, in Washington, D.C. (Brendan Hoffman/Getty Images)
Photos: Stephen Breyer through the years 2013: Supreme Court Justice Stephen Breyer (left) speaks with British Ambassador Sir Peter Westmacott, England's Prince Harry and Lady Wesmacott before a reception and dinner at the British Ambassador's residence on May 9, 2013, in Washington, D.C. (Alex Brandon-Pool/Getty Images)
Photos: Stephen Breyer through the years 2015: Kathleen Kennedy Townsend, Patrick Kennedy, Supreme Court Justice Stephen Breyer and Dr. Joanna Breyer attend the Edward M. Kennedy Institute for the U.S. Senate Opening Night Gala and Dedication on March 29, 2015, in Boston. (Paul Marotta/Getty Images for Edward M. Kennedy Institute)
Photos: Stephen Breyer through the years 2016: At center front, Supreme Court Chief Justice John Roberts and wife Jane Sullivan Roberts, trailed by Justice Stephen Breyer and wife Joanna Hare and in back row, Justice Clarence Thomas and wife Virginia Thomas, walk down the steps of the Basilica of the National Shrine of the Immaculate Conception at the end of the funeral for late Supreme Court Justice Antonin Scalia on February 20, 2016, in Washington, D.C. (Drew Angerer/Getty Images)
Photos: Stephen Breyer through the years 2017: Front row from left, U.S. Supreme Court Associate Justice Ruth Bader Ginsburg, Associate Justice Anthony M. Kennedy, Chief Justice John G. Roberts, Associate Justice Clarence Thomas and Associate Justice Stephen Breyer, back row from left, Associate Justice Elena Kagan, Associate Justice Samuel Alito Jr., Associate Justice Sonia Sotomayor and Associate Justice Neil Gorsuch pose for a group portrait in the East Conference Room of the Supreme Court on June 1, 2017, in Washington, D.C. (Alex Wong/Getty Images)
Photos: Stephen Breyer through the years 2018: United States Supreme Court Associate Justice Stephen Breyer poses for the court's official portrait in the East Conference Room at the Supreme Court building November 30, 2018, in Washington, D.C. (Chip Somodevilla/Getty Images)
Photos: Stephen Breyer through the years 2020: U.S. Supreme Court Justice Neil Gorsuch (left) and Justice Stephen Breyer stand during a private ceremony for Associate Justice Ruth Bader Ginsburg at the U.S. Supreme Court on September 23, 2020, in Washington, D.C. (Andrew Harnik-Pool/Getty Images)
Photos: Stephen Breyer through the years 2021: Members of the Supreme Court pose for a group photo at the Supreme Court in Washington, D.C., on April 23, 2021. Seated from left: Associate Justice Samuel Alito, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Stephen Breyer and Associate Justice Sonia Sotomayor. Standing from left: Associate Justice Brett Kavanaugh, Associate Justice Elena Kagan, Associate Justice Neil Gorsuch and Associate Justice Amy Coney Barrett. (Erin Schaff-Pool/Getty Images)
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