Former Supreme Court Justice Stephen Breyer has expressed his intention to return to the bench as a visiting judge on a federal appeals court. Breyer, who retired from the Supreme Court in 2022, stated in a podcast that he is looking at a potential start date in the fall with the First Circuit Court of Appeals in Boston. The court has confirmed Breyer’s plans and expressed enthusiasm at the prospect of him sitting with them. Breyer, at 85 years old, would not be the first former justice to hear cases after leaving the Supreme Court, as others like David Souter and Sandra Day O’Connor have also taken on similar roles in the past.
Breyer served over 27 years on the Supreme Court as a liberal justice, having been nominated by President Bill Clinton in 1994. Upon his retirement, President Joe Biden nominated Justice Ketanji Brown Jackson to succeed him. Breyer recently authored a book titled “Reading the Constitution: Why I Chose Pragmatism, Not Textualism.” In a March interview, he discussed a significant ruling by the Supreme Court at the end of his tenure, referring to the leak of the court’s draft decision in the Dobbs abortion case as “unfortunate.” Breyer expressed his disbelief that one of the justices was the source of the leak and indicated the possibility of the Dobbs decision being overturned, given his dissent in the case.
The First Circuit Court of Appeals, where Breyer intends to sit as a visiting judge, covers the districts of Maine, Massachusetts, New Hampshire, Rhode Island, and Puerto Rico. Breyer joins a line of former justices who have taken on similar roles after leaving the high court, including David Souter and Sandra Day O’Connor, both of whom served as visiting judges on different courts. Breyer’s return to the bench as a visiting judge demonstrates his ongoing commitment to the judicial system and his desire to continue contributing to the legal profession.
Breyer’s decision to become a visiting judge at the First Circuit Court highlights his dedication to the judicial process and his desire to remain active in the legal field. His experience and expertise as a former Supreme Court Justice will undoubtedly bring valuable perspectives to the cases he hears at the appeals court. Breyer’s return to the bench also underscores the importance of maintaining a diverse and experienced judiciary at all levels of the legal system, ensuring fair and just outcomes for all individuals involved in the legal process.
Breyer’s potential start date in the fall as a visiting judge with the First Circuit Court of Appeals reflects his ongoing commitment to public service and the rule of law. By continuing to serve as a judge, Breyer demonstrates his dedication to upholding the principles of justice and fairness in the legal system. His decision to return to the bench after retiring from the Supreme Court underscores his passion for the law and his desire to contribute to the legal profession in meaningful ways. Breyer’s upcoming role as a visiting judge will undoubtedly bring a wealth of knowledge and expertise to his new position and further enhance the administration of justice in the federal appeals court system.
