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Just because he didn’t step down at the end of the term doesn’t mean he couldn’t. He may. It’s just hard to tell.
— Professor Carl Tobias of the University of Richmond School of Law, commenting on the likelihood of Justice Stephen Breyer’s eventual retirement from the Supreme Court. Breyer, 82, is now the eldest justice on the Supreme bench. Senate Minority Leader Mitch McConnell (R-KY) has said that if Republicans win back a majority in the Senate next year, he will block President Joe Biden from putting another justice on the high court.
Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.