Former Supreme Court Justice Stephen Breyer recently expressed his support for age and term limits for justices on the high court, suggesting that such rules could be beneficial given the current lifetime appointment standard. In an interview with Kristen Welker on NBC's "Meet the Press," Breyer discussed the implications of the conservative majority's decision in the Dobbs v. Jackson Women’s Health Organization case, which allowed states to implement strict abortion bans.
Breyer, who dissented on the ruling that overturned Roe v. Wade and Casey v. Planned Parenthood, emphasized the need to consider age and term limits for justices. He mentioned that such limits could have helped him personally, avoiding difficult decisions around retirement. Breyer's comments come amid increasing pressure on liberal Justice Sonia Sotomayor, the oldest Democratic-appointed sitting justice, to retire.
The retired justice also expressed concern about the shift in the court's approach to cases and the rise in originalist interpretations, which he believes are out of touch with modern society. Breyer criticized the emphasis on enforcing the Constitution's original meaning, particularly in cases like Dobbs, where the majority argued that abortion rights were not deeply rooted in the nation's history and tradition.
Looking ahead, the Supreme Court is set to hear a major abortion case on access to the mifepristone abortion pill, coinciding with the release of Breyer's book critiquing textualism. Breyer's remarks reflect a nuanced perspective on the need for potential changes in the court's structure and decision-making processes to better align with contemporary societal values and needs.