Many of the liberals who say Justice Ruth Bader Ginsburg made a terrible miscalculation when she decided not to retire are now urging Justice Stephen G. Breyer to step down and let President Biden nominate his replacement.
The justice is 82 and has been on the court for nearly 27 years. In almost any other line of work, he would be well past retirement age. Justice Ginsburg’s death in September allowed President Donald J. Trump to name her successor and shifted the Supreme Court to the right.
“Breyer’s best chance at protecting his legacy and impact on the law is to resign now, clearing the way for a younger justice who shares his judicial outlook,” Erwin Chemerinsky, the dean of the law school at the University of California, Berkeley, wrote in The Washington Post this month.
But scholars who have studied justices’ decisions to leave the court said they had their doubts about the wisdom or effectiveness of such prodding.