The Volokh Conspiracy

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Breaking: NBC News Reports Justice Breyer Will Retire

The confirmation hearing will likely be held as the Supreme Court term is drawing to a close.

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Breaking news from NBC News.

Justice Breyer has announced his retirement much earlier than his predecessors. Justice Souter announced on May 1, 2009, and Justice Stevens announced on April 9, 2010. Given this early notice, we could have a confirmation hearing in April or May. Usually, a Justice steps down upon the confirmation of their replacement. But given this early notice, a replacement could be confirmed before June. The Democrats may have to slow-walk the process to ensure Breyer stays on the Court till the current term finishes.

Much more to come.