The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Breaking news from NBC News.
— Josh Lederman (@JoshNBCNews) January 26, 2022
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.