But none of that has kept the pressure off of him to call it quits at the court, with liberals nervous about the prospect of losing another chance to get one of their own on the bench after the late Justice Ruth Bader Ginsburg declined to step down under Barack Obama’s presidency so that he could name a younger justice to sit on the court. With her passing last September, then-President Donald Trump was able to fill the vacancy and name a third justice to America’s highest court, solidifying the court’s 6-3 conservative majority.
White House press secretary Jen Psaki would not weigh in Wednesday on whether the White House is preparing for Breyer’s possible retirement, telling reporters it is up to “any justice to determine the timeline of their retirement.”
The progressive group Demand Justice, meanwhile, has upped outside PR efforts in recent weeks in an effort to get Breyer off the bench, with the group funding an ad in The New York Times earlier this month that featured a group of 18 scholars calling on Breyer to announce plans to step down.
“Breyer is a remarkable jurist, but with future control of a closely divided Senate uncertain, it is best for the country that President Biden have the opportunity to nominate a successor without delay,” the ad read in part.
The group had also hired a billboard truck to circle the Supreme Court building in April bearing the rhyming slogan: “Breyer, Retire.”
CNN’s Joan Biskupic, Ariane de Vogue, Rachel Janfaza and Allie Malloy contributed to this report.