Justice Breyer: Not Planning to Retire, Don't Know When

Justice Stephen Breyer, the Supreme Court's oldest member, told CNN he has not decided when to retire from the bench.

Progressives and some other Democrats have encouraged Breyer to step down so President Joe Biden can name a younger liberal judge to the court while their party holds a slim control of the Senate.

When asked by CNN whether he had decided when to retire, Breyer said, "No."

Breyer, nominated to his position by former President Bill Clinton in 1994, said two factors will determine his decision.

"Primarily, of course, health," Breyer told CNN. "Second, the court."

Many Supreme Court watchers have kept eyes on the Court to see if Breyer, who’ll turn 83 in August, would make an announcement during July’s first week when justices released their final opinions of the term.

Conservatives currently hold a 6-3 advantage over liberals on the Supreme Court bench. A new Biden appointee would not change the court’s ideological division, but Democrats are worried that losing Senate control in the 2022 midterm elections could lead to an even more right-leaning court.

During an interview with CNN in Plainfield, New Hampshire, Breyer would not offer details about the timing of a retirement decision. He did discuss the factors that would influence him.

Following Ruth Bader Ginsburg’s death last year, Breyer has become the Court’s ranking liberal – a status he seems to relish.

Breeyer's new seniority in the justices' private discussion over cases "has made a difference to me," he told CNN. "It is not a fight. It is not sarcasm. It is deliberation."