The Volokh Conspiracy

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Supreme Court

Final Supreme Court Opinions Tomorrow, Followed by Justice Breyer's Retirement at Noon

There are only two argued cases left for decision -- the last two to be decided with Justice Breyer on the Court.


Tomorrow is the last day of this momentous Supreme Court term. The Court has issued its standard release noting that the last opinions in argued cases from the term will be tomorrow: "This Court will announce all remaining opinions ready during this Term of Court on Thursday, June 30, 2022, beginning at 10 a.m."

The two argued cases remaining are West Virginia v. EPA, concerning the Environmental Protection Agency's authority to regulate greenhouse gases from power plants under Section 111 of the Clean Air Act, and Biden v. Texas, concerning the Biden Administration's effort to rescind the Trump Administration's Migrant Protection Protocol, also known as the "Remain in Mexico" policy. For a quick rundown of the West Virginia case, I recommend this webinar.

Also tomorrow, at noon, Justice Breyer will retire from the Court, as he announced in a letter to President Biden released today. The letter reads:

Dear Mr. President,

This past January, I wrote to inform you of my intent to retire from regular active service as an Associate Justice of the Supreme Court of the United States, upon the Court rising for summer recess. You have nominated and the United States Senate has confirmed the Honorable Ketanji Brown Jackson to succeed me in the office, and I understand that she is prepared to take the prescribed oaths to begin her service as the 116th member of this Court.

The Court has announced that tomorrow, beginning at 10 a.m., it will hand down all remaining opinions ready during this Term. Accordingly, my retirement from active service under the provisions of 28 U.S.C. §371(b) wll be effective on Thursday, June 30, 2022, at noon.

It has been my great honor to participate as a judge in the effort to maintain our Constitution and the Rule of Law.

Yours sincerely,


Stephen Breyer

The Court will also issue its final Order List of the term, most likely on Friday morning.