Breyer says no decision on retiring from Supreme Court, amid Democrats' calls for younger justice

Calls within Democrat Party for Breyer to resign come at same time members also urging their leader in Washington to add more justices.
Justice Stephen Breyer

Justice Stephen Breyer says he has not decided on whether he’ll retire, amid pressure from liberals to leave the Supreme Court so that President Biden can appoint somebody younger while Democrats control Congress. 

The 82-year-old judge told CNN the biggest factors that will determine whether he leaves are "primarily, of course, health" and "second, the court."

He said "no" to the question about whether he has decided when to retire.

Calls within the Democratic Party for Beyer to resign come at the same time members are also urging their leaders in Washington to add more justices to the high court, while they control the White House and narrowly control the Senate, to dilute what is considered the bench’s 6-3 majority.

Breyer’s public comments Wednesday were his first since speculation about his future started at about the same time Democrat Joe Biden was elected president.

Breyer spoke at the end of the court’s recent session, when he likely would have retired. He also told CNN that he enjoys his position on the court as the ranking liberal during discussion among the nine justices about cases, saying the status "has made a difference to me. ... It is not a fight. It is not sarcasm. It is deliberation."