Breyer Defends Sotomayor Against Early Retirement Calls, Highlights Friendship with Scalia

Retired Supreme Court Justice Stephen Breyer dismissed calls for his fellow liberal justice Sonia Sotomayor to step down from her position, describing her as a “spring chicken” compared to him being an old rooster. Speculation regarding potential early retirement mount in some corners with left-leaning pundits and academics arguing that President Joe Biden’s administration could approve a replacement before the presidential election if Sotomayor were to resign ahead of the midterm elections, which is considered less politically fraught than doing so during an election year. Breyer suggested that such decisions are up to individual judges and added that he believes people can say what they want but noted that “you can stay there until you’re 150 years old if you want.” Sotomayor, who is currently the oldest liberal-leaning Supreme Court justice at age 69, has served on the court since President Barack Obama appointed her in 2009 following the retirement of David Souther. Two more conservative justices — Samuel Alito and Clarence Thomas — are older than Sotomayor but younger liberals like Ruth Bader Ginsburg had stepped down earlier amid calls for early departures ahead of Trump’s presidency, which led to their replacements by younger conservatives who could potentially serve longer.
Breyer also reflected on his friendship with the late Justice Antonin Scalia in an interview on Fox News Sunday, despite holding contrasting legal views. Breyer explained that they both visited students at a football stadium in Lubbock, Texas years ago and debated their differing opinions while illustrating to them how close friends they were regardless of ideological differences. “They’d never seen a Supreme Court judge,” he said, adding: “Before you know it… It was clear to them we liked each other.” Breyer explained that the document in question — written more than 200 years ago — had not taken into account modern-day issues such as internet usage. Scalia reportedly agreed with this point and added that his approach, which focuses on plain meaning rather than intent or context, was too complicated for others to follow. Breyer countered by stating: “If we followed your approach, we’ll have a Constitution no one would want.”
In September 2018, Sotomayor wrote in an op-ed that she had been diagnosed with diabetes at the age of eight and spent much of her childhood trying to manage it. She added that being a judge is not always easy for people dealing with chronic conditions like hers but also acknowledged that many judges have managed their health issues while serving on the bench, including Chief Justice John Roberts who has type 1 diabetes as well.