The Volokh Conspiracy

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Justice Breyer Continues To Confound About His Retirement

He implores Nina Totenberg, "I would like this interview to be about my book."


Poor Justice Breyer. He just wants to hawk his book, but everyone keeps asking him about his retirement. His latest interview with Nina Totenberg of NPR is confounding.

Here is the transcript:

Totenberg: You did pretty well, in the 2020 term, you wrote some very important opinions on the ACA, on student speech, you have advanced, some important compromises on the Court this this past term. So at least as I look at things now, I would guess that at some time relatively early in the upcoming term, you will announce plans to retire. Am I wrong?

Breyer: I'm only going to say that I'm not going to go beyond what I previously said on the subject. And that is that I do not believe I should stay on the Supreme Court or want to stay on the Supreme Court until I die. And when exactly I should retire, or will retire, has many complex parts to it. I think I'm aware of most of them, and I am and will consider them.

Totenberg: What are the factors that a Justice–

Breyer: Oh, there are quite a few. And I'm not going beyond what I said for the simple reason that I would like this interview to be about my book.


I don't know why Nina thought he would announce his retirement early in the term. Breyer did seem a bit defensive. Stay tuned.