What does the retirement of Justice Breyer mean?

Earlier this year, 86-year-old Justice Stephen Breyer announced his retirement as a Supreme Court Justice after 26 years on the bench. Breyer will finish his latest term and begin his retirement in June 2022. While many politicians and other government officials remembered the journey of the Justice or sent their well-wishes, others rejoiced in his retirement, which some say came too late.

During the early stages in American history, the framers wrote in Article III of the Constitution; that the judges must serve a life sentence and could only leave if they were to retire or get impeached. The Constitution read, “hold their offices during good behavior,” which meant that judges could hold their position in power indefinitely once appointed by the President and confirmed by the Senate.

The issue of whether or not a justice's retirement came too late came up again after the passing of former Justice Ruth Bader Ginsburg. Ginsburg, who died in September 2020, was 87 and battling pancreatic cancer. Ginsburg was appointed during the Clinton Administration at the age of 60. After her passing, Conservative Amy Coney Barrett filled her empty seat, who was appointed during the Trump administration. When she was in her 80s, Ginsburg's decision not to retire during the Obama administration set off a fierce political battle over whether or not her stance on not retiring was not helping her political party.

By having Ginsburg pass during a Republican-led senate and with a Republican President, many Democrats were frustrated with another conservative judge being added to the court. Ginsburg could have been replaced with a liberal judge during the Obama Administration. When asked by reporters why she didn’t retire in 2013 during the Obama administration, Ginsburg answered, “When that suggestion is made, I ask the question: Who do you think that the President could nominate that could get through the Republican Senate? Who would you prefer on the court (rather) than me?” CNBC reported. Ginsburg’s one wish was that she would not be replaced during the Trump administration; Ginsburg planned to stay in her seat until the 2020 election when Biden was running in the Presidential election. Ginsburg said, “My most fervent wish is that I will not be replaced until a new president is installed.” Ginsburg’s wish never came true, which angered many liberal supporters who wondered if Ginsburg waited too long to retire and created her worst fear of being replaced by a conservative judge.

The issue of if justices like Breyer or Ginsburg retired too late has led others to wonder, should the judges of the Supreme Court be life sentences?

Many people argue that having a justice staying in their position for too long is not helpful, but it can be hurtful. For example, if Ginsburg had retired in her early 80s instead of nearly 90 years old, the court seats might have looked different. For political reasons, many argue that life sentences would not be helpful if Justices overstay their positions and change the scope of the seats in the courts.

To continue, other people point out that life sentences keep people in power for too long that it can hinder the country from moving forward. Currently, the average age range of a Judge goes from the late 50s to late 80s; with more older people staying in power for too long, they are stuck with ideologies that are not up to speed with the modern movements. Many fear that older justices who grew up in the older generation will not reflect the changes happening in the country or represent the modern citizen. However, other people see the changes or limits on the judges can create too much decisiveness. With a constant rotation of judges, we would have decisions that are only good for a certain amount of time or reflect only what is politically popular at that time period. The issue would create a lot of indecisiveness and create further bridges between the parties.

To decide on the issue, we must look at the worth of each choice, the indecisiveness of the judges' decisions, or having modern perspectives for our future court cases.