What Stephen Breyer’s retirement means for the future of the Supreme Court

With US Supreme Court Justice Stephen Breyer retiring, what’s in store for the future of the Supreme Court?

New York University Law’s Melissa Murray says that the upcoming appointment gives President Biden a unique opportunity to “recognize the impact that Black women play in our democracy.”

Last week, US Supreme Court Justice Stephen Breyer announced his retirement, giving Biden his first opportunity to nominate a liberal justice. Breyer has served the Supreme Court for over 27 years.

A new liberal justice will not shift the GOP’s 6-3 majority in the court, but it is critical for Democrats to confirm a nominee before the midterm elections, since they will rely on the current Senate majority.

Since the start of his presidential campaign, Biden has promised to prioritize diversity in high-ranking government, and in 2021, he has had 40 judges diverse in race, sexuality, gender, and professional experience confirmed by the Senate. Most recently while affirming Breyer’s retirement, Biden  committed to nominating the first-ever Black, female Supreme Court justice.

Here, ahead of a potentially historic nomination, Murray—a professor of law; faculty director of the Birnbaum Women’s Leadership Network; and a leading expert in constitutional law, family law, and reproductive rights and justice—talks about Biden’s efforts to bolster diversity and inclusion on the Supreme Court:

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