Updated Apr 28, 2022, 03:41am EDT

Topline

Supreme Court Justice Stephen Breyer took part in oral arguments Wednesday for the last time before he retires this summer—paving the way for Judge Ketanji Brown Jackson to be sworn in as his successor—with Chief Justice John Roberts expressing “deep appreciation” for Breyer’s 28 years on the bench.

Key Facts

Breyer took part in the last oral argument scheduled for the Supreme Court’s term, which was for the case Oklahoma v. Castro-Huerta, which concerns whether states can prosecute crimes against Native Americans when they take place on reservations.

As the hearing came to a close, Roberts delivered an emotional tribute to the 83-year-old justice, saying the justices “leave the courtroom with deep appreciation for the privilege of sharing this bench with him.”

Breyer intends to retire at the end of the court’s current term, which won’t be until late June or early July, since it still has to deliberate on its outstanding cases and issue opinions.

Crucial Quote

“This has been his arena for remarks profound and moving, questions challenging and insightful, and hypotheticals downright silly,” Roberts said Wednesday about Breyer’s 28-year tenure on the court.

What To Watch For

Once Breyer formally steps down from the bench, Jackson can be sworn in before the court’s next term starts up in the fall. The judge, who was confirmed by the Senate to the court earlier this month, will be the first Black woman on the Supreme Court.

Key Background

Breyer has served on the Supreme Court since 1994, after being appointed to the court by President Bill Clinton. He announced his impending retirement in January following months of speculation about when he would step down, as the liberal-leaning justice came under heavy pressure from many Democrats to clear the way for a new justice while the party controlled both the White House and Senate. “Justice Breyer has worked tirelessly to give faith to the notion that the law exists to help the people,” President Joe Biden said in a speech announcing Breyer’s retirement, adding the justice “has been everything his country could have asked of him.”

Further Reading

Stephen Breyer To Retire: Supreme Court Justice’s Exit Opens A Seat For Biden—And A Political Battle (Forbes)

Senate Confirms Ketanji Brown Jackson To Supreme Court (Forbes)

Read: Justice Stephen Breyer’s White House remarks after announcing his retirement (CNN)

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