United States Supreme Court Justice Stephen Breyer.
United States Supreme Court Justice Stephen Breyer.AP Photo/Steven Senne
  • Supreme Court Justice Stephen Breyer is retiring from the bench, multiple media outlets reported.
  • The 83-year-old justice is the oldest member of the court and the most senior member of the liberal wing.
  • CNN reported that Breyer won't step down until the Senate confirms a successor.
  • See more stories on Insider's business page.

Associate Justice Stephen Breyer is retiring from the Supreme Court, multiple news outlets reported.

The 83-year-old liberal justice's retirement clears a path for President Joe Biden to appoint a successor and comes amid mounting pressure from progressives to have him leave while the Senate is still under Democratic control. Biden previously vowed to nominate the first Black woman to the nation's highest court.

Breyer, a California native who was appointed by former President Bill Clinton, is the oldest member of the court and the most senior member of the liberal wing. He has served on the bench for nearly 28 years.

White House press secretary Jen Psaki put out a statement shortly after news of his retirement broke.

"It has always been the decision of any Supreme Court Justice if and when they decide to retire, and how they want to announce it, and that remains the case today," Psaki tweeted. "We have no additional details or information to share from @WhiteHouse."

CNN and NBC also reported that Breyer and Biden plan to announce his retirement from the high court as early as Thursday and that Breyer won't leave the bench until the Senate confirms a successor.

Since Biden took office, progressives have ramped up calls for Breyer to retire to ensure that the president chooses his replacement and prevent Republicans from further expanding the 6-3 conservative majority on the court cemented by former President Donald Trump.

Progressives increased pressure on Breyer to step down after Senate Minority Leader Mitch McConnell suggested last year that he would block a potential Biden nominee to the Supreme Court in 2024 and possibly in 2023 if Republicans regain control of the upper chamber after the upcoming midterm elections.

Breyer, for his part, remained quiet about his retirement plans. Last April, he emphasized the importance of keeping the federal judiciary independent from politics, telling an audience at Harvard Law School that jurists are "loyal to the rule of law, not to the political party that helped to secure their appointment."

When asked during a virtual event in May hosted by Philadelphia's National Constitution Center what he has learned from his nearly three-decade tenure on the court, Breyer said he realized he had "less power to persuade people than I thought I might." However, Breyer called it a "privilege" to serve.

Still, Breyer took the spotlight as the most senior member of the court's liberal wing during last year's term on the bench. He wrote the majority opinions for influential cases, including one that upheld the Affordable Care Act and another that sided with a former high school cheerleader who had been punished over a profane rant on social media.

Sen. Patty Murray, the third highest ranking Democrat in the Senate, announced after news of Breyer's retirement surfaced that, "I am ready to move as quickly as possible to consider and confirm a highly qualified nominee who will break barriers and make history as the first Black woman on the Supreme Court of the United States."

This story is developing. Please check back for updates.

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