If Biden is sworn in 1/20/21, should 82-year-old liberal SCOTUS Justice Breyer retire soon?

[Virginiá]

Every liberal justice over 70 needs to retire if Biden wins.

Rather than "packing" the court, could Congress make an "ex post facto" rule
that limits terms or sets a mandatory retirement age?

Is there anything in the Constitution that would make this impossible?

The constitution is pretty explicit about term limits or the lack thereof. The only way to remove a judge against their will is the impeachment process.

Not something I'm expecting to change anytime soon either, tbh.

[ηєω ƒяσηтιєя]

Absolutely yes. He should retire during Summer 2021.

[President Johnson]

Not immediately, so that President Biden can focus on the most urgent items to be enacted in the first months of his administration. But Breyer should retire well ahead of the midterms. Maybe at the year's end 2021. One way or the other, Breyer is an excellent justice, but his replacement needs to be picked by a Democrat.

[°Leprechaun's Rainbow]

Every liberal justice over 70 needs to retire if Biden wins.

Rather than "packing" the court, could Congress make an "ex post facto" rule
that limits terms or sets a mandatory retirement age?

Is there anything in the Constitution that would make this impossible?

The constitution is pretty explicit about term limits or the lack thereof. The only way to remove a judge against their will is the impeachment process.

Not something I'm expecting to change anytime soon either, tbh.

According to USATODAY "Supreme Court term limits do not require a constitutional amendment."

https://www.usatoday.com/story/opinion/2020/09/24/supreme-court-justices-give-them-term-limits-instead-life-tenure-column/3503999001/

I suppose it open to debate whether or not this is correct. If it is open to debate, I also suppose the question of whether it requires an amendment would go to the SCOTUS itself, which I further suspect would say that it is not.

[freepcrusher]

when giving a retirement speech - has a SC justice ever done what John Dingell did in 2014 where he basically said "I'm disappointed in this institution and it is in a worse place than when I came here"

[Calthrina950]

when giving a retirement speech - has a SC justice ever done what John Dingell did in 2014 where he basically said "I'm disappointed in this institution and it is in a worse place than when I came here"

Not to my knowledge. But Dingell was right about what he said (barring the fact that Congress was filled with virulently racist segregationists from the South who opposed civil rights back in the mid-1950s). When he entered, it included many liberal Republicans and conservative Democrats; by the time he retired, the parties had polarized almost entirely along ideological lines, with liberals having moved into the Democratic Party, and conservatives into the Republican Party.

[ShadowRocket]

By the summer of 2022 at the latest? Absolutely.

[MarkD]

As with RBG, the only person who has the power to decide if he WILL retire is Breyer himself. Our opinion is irrelevant.

[Calthrina950]

As with RBG, the only person who has the power to decide if he WILL retire is Breyer himself. Our opinion is irrelevant.

This is correct. It's a sad state of affairs that we are even discussing this, but it speaks to the level of politicization which has infected everything concerning the Court. Of course, the Court has always been a political institution, but this has only become more obvious in recent years, and there have been certain norms which have been abandoned.

[SnowLabrador]

Absolutely. We don't need another Ginsburg situation.

[Virginiá]

According to USATODAY "Supreme Court term limits do not require a constitutional amendment."

https://www.usatoday.com/story/opinion/2020/09/24/supreme-court-justices-give-them-term-limits-instead-life-tenure-column/3503999001/

I suppose it open to debate whether or not this is correct. If it is open to debate, I also suppose the question of whether it requires an amendment would go to the SCOTUS itself, which I further suspect would say that it is not.

It's an interesting theory, but likely would be litigated and decided by the Supreme Court itself. I don't know, but as things stand, I'm more favorable towards thinking that it's not possible by statute.

Would love to test that theory though!

[True Federalist (진정한 연방 주의자)]

Republicans are almost certainly going to reinstate the filibuster in the lame duck so they can block Biden's cabinet nominees/any Supreme Court nomination.

Keep that in mind.

If the Republicans are in control of the Senate, they don't need the filibuster and if they aren't, the Democrats will just get rid of the filibuster. McConnell may be arrogant, but he's not stupid. He's not going to waste political capital on something that won't do anything. The only possible benefit to the GOP from such a stunt is politics, and it wouldn't help them. (Nor would it hurt them.)

[MABA 2020]

By the end of 2021 yes

[Fuzzy Bear]

Every liberal justice over 70 needs to retire if Biden wins.

I'd die laughing if the GOP-controlled Senate simply refused to confirm any Justice.  There would then be recess appointments, which would be a Legal Brave New World.

Well, not really.  Such a situation would be bad, regardless of which party pulled that off.  But we're close to it, unfortunately.

A Constitutional Amendment needs to be enacted to require the Senate to act on SCOTUS appointments within a given timeframe.

[Skill and Chance]

Assuming a Biden win with a Dem senate, the pressure on Breyer to retire next summer would be absolutely immense.  If it gets to 7/2 with Roberts as the oldest conservative, SCOTUS would be completely hopeless for the legal left until like 2050. 

[Tokugawa Sexgod Ieyasu]

Assuming a Biden win with a Dem senate, the pressure on Breyer to retire next summer would be absolutely immense.  If it gets to 7/2 with Roberts as the oldest conservative, SCOTUS would be completely hopeless for the legal left until like 2050. 

Thomas is in his seventies.

[หมูเด้ง]

If he’s healthy, he will probably be OK for 10 years but it’s ridiculous to be working at 82. I’m sure he can hold on and wait until 2024 in the worst event. If Democrats can’t even win then, even I’m not voting for them anymore. I can vote on initiatives and third party candidates in 2028. By that point, I’d probably have a good third party option anyways if Democrats are that bad.

[Skill and Chance]

Assuming a Biden win with a Dem senate, the pressure on Breyer to retire next summer would be absolutely immense.  If it gets to 7/2 with Roberts as the oldest conservative, SCOTUS would be completely hopeless for the legal left until like 2050. 

Thomas is in his seventies.

Sorry.

To clarify, the 7/2 with Roberts oldest of the 7 scenario assumes Breyer not retiring for Biden and then Thomas and Alito retiring in 2025-26 or 2029-30 with a GOP controlled federal government.

Alternatively, Trump could get a 2nd term and 3 more appointees.