The Unusual Nature of Justice Breyer’s Retirement Announcement

The Unusual Nature of Justice Breyer’s Retirement Announcement

Of the last six Justices to announce their retirement, Justice Breyer’s is the earliest in the term, by two and a half months. But more notable than that, Justice Breyer’s retirement is conditional on a successor being confirmed. This isn’t unheard of, but it is certainly outside the norm for Supreme Court nominees.

As news of Justice Breyer’s recent retirement from our nation’s highest court spread like wildfire across the nation, one peculiarity stood out that garnered very little attention—it’s open-ended condition.