Breyer Hears Final Oral Argument, Chief Justice Bids Him Adieu

April 28, 2022 by Dan McCue
Breyer Hears Final Oral Argument, Chief Justice Bids Him Adieu
Supreme Court Justice Stephen Breyer speaks during an event at the Library of Congress. (AP Photo/Evan Vucci, Pool, File)

WASHINGTON — Retiring Supreme Court Justice Stephen Breyer heard his last oral argument on Wednesday, with Chief Justice John Roberts Jr. bidding him an emotional farewell after 28 years on the bench.

Though Breyer’s impending retirement won’t officially occur until, in Roberts’ words, the court “rises for the summer recess,” the chief justice used their final moments in the chamber together to express his “deep appreciation for sharing the privilege of the bench with him.”

The 83-year-old Breyer announced his intention to retire in January, giving President Joe Biden an opportunity to nominate a new jurist to the country’s highest court.

Biden then followed through on a campaign promise to nominate the first Black woman to the highest court in the land, and the Senate has since approved the nomination of U.S. Circuit Judge Ketanji Brown Jackson, who will join the court when it returns from its summer recess.

In his letter to the president, Breyer described his years on the bench as “challenging and meaningful.”

He also described his relationship with his colleagues on the court as “warm and friendly.”

Those warm feelings were very much on display Wednesday, as Roberts’ voice appeared to crack at times as he saluted the departing justice.

“As many of you may know,” the chief justice began, “Justice Breyer has announced his retirement from the court effective when we rise for the summer recess. That means that the oral argument we have just concluded is the last the court will hear with Justice Breyer on the bench. 

“For 28 years this has been his arena for remarks profound and moving questions challenging and insightful, and hypotheticals downright silly,” he said, eliciting laughter from an audience that included Justice Breyer’s wife. 

“This sitting alone has brought us radioactive muskrats, and John The Tiger Man,” Roberts said. 

On Wednesday, Breyer appeared a bit more subdued as the court heard arguments in Oklahoma v. Castro-Huerta, the final argument of the 2021-2022 term. 

In the case, the state is arguing it has authority to prosecute non-Native Americans who commit crimes against Native Americans on Native American lands. 

The Justice Department and attorneys for Victor Manuel Castro-Huerta counter that the federal government has exclusive authority.

Castro-Huerta, a non-Native, was convicted in Oklahoma state court of child neglect, and sentenced to 35 years. The victim, his stepdaughter, is Native American, and the crime was committed within the Cherokee Reservation.

During the arguments on Wednesday, Breyer asked how other states view their right to prosecute Non-Native Americans on Native American lands.

“Aren’t there 49 other states?” Breyer asked. “My impression is that in general, the general assumption in the entire country has been that states cannot prosecute the particular crimes, and don’t, when they take place in Indian country. Am I right or wrong about that?”

Kannon Shanmugam, who was representing Oklahoma, responded by saying historically, only a small percentage of states have ever asserted such a right.

“If you win, that assumption, which is almost general, will be changed throughout the country and suddenly Indian tribes will realize the crimes will go into state courts,” Breyer said in response.

Roberts concluded his remarks about Breyer by noting that “at the appropriate time, we will in accordance with tradition and practice, read and enter into the record an exchange of letters between the court and Justice Breyer marking his retirement.” 

Dan can be reached at [email protected] and at https://twitter.com/DanMcCue.

A+
a-
  • John Roberts
  • Stephen Breyer
  • Supreme Court
  • In The News

    Health

    Voting

    Supreme Court

    Five Takeaways From the Abortion Pill Case Before US Supreme Court

    WASHINGTON (AP) — U.S. Supreme Court justices on Tuesday did not appear ready to limit access to the abortion pill mifepristone,... Read More

    WASHINGTON (AP) — U.S. Supreme Court justices on Tuesday did not appear ready to limit access to the abortion pill mifepristone, in a case that could have far-reaching implications for millions of American women and for scores of drugs regulated by the Food and Drug Administration. It's... Read More

    March 26, 2024
    by Tom Ramstack
    Supreme Court Skeptical of Ban on Abortion Pill Mifepristone

    WASHINGTON — A hearing Tuesday before the Supreme Court indicated a majority of the justices want to maintain women’s access... Read More

    WASHINGTON — A hearing Tuesday before the Supreme Court indicated a majority of the justices want to maintain women’s access to the abortion pill mifepristone despite objections from anti-abortion activists. The doctors and organizations who sued argued the Food and Drug Administration was wrong in granting... Read More

    March 19, 2024
    by Dan McCue
    Supreme Court Gives Texas Green Light to Deport Illegal Immigrants

    WASHINGTON — A divided Supreme Court on Tuesday allowed Texas to begin enforcing a state law that effectively allows officials... Read More

    WASHINGTON — A divided Supreme Court on Tuesday allowed Texas to begin enforcing a state law that effectively allows officials to deport undocumented immigrants, despite objections from the Biden administration, which argued only the federal government has authority over immigration issues. In an unsigned order, the... Read More

    A Supreme Court Ruling in a Social Media Case Could Set Standards for Free Speech in the Digital Age

    WASHINGTON (AP) — In a busy term that could set standards for free speech in the digital age, the Supreme... Read More

    WASHINGTON (AP) — In a busy term that could set standards for free speech in the digital age, the Supreme Court on Monday is taking up a dispute between Republican-led states and the Biden administration over how far the federal government can go to combat controversial social... Read More

    March 4, 2024
    by Dan McCue
    Justices Rule Trump Can Stay on Colorado Ballot

    WASHINGTON — In a unanimous decision, the Supreme Court ruled Monday that former President Donald Trump may remain on Colorado’s... Read More

    WASHINGTON — In a unanimous decision, the Supreme Court ruled Monday that former President Donald Trump may remain on Colorado’s primary ballot, rejecting a challenge to his eligibility based on a section of the 14th Amendment that bars those who have “engaged in insurrection” from holding... Read More

    About as Many Abortions Happening in US Monthly as Before Roe Was Overturned, Report Finds

    The number of abortions performed each month is about the same as before the U.S. Supreme Court overturned Roe v. Wade and... Read More

    The number of abortions performed each month is about the same as before the U.S. Supreme Court overturned Roe v. Wade and the nationwide right to abortion more than a year and a half ago, a new report finds. The latest edition of the #WeCount report conducted for... Read More

    News From The Well
    scroll top