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Retired Supreme Court Justice Stephen Breyer brushed disconnected calls that Justice Sonia Sotomayor should measurement down from the bench, saying she is simply a "spring chicken."
"I deliberation anybody tin accidental what helium wants, you know. And I was 83 years old, conscionable astir I think, erstwhile I retired. But Justice Sotomayor is not, she is simply a outpouring chicken," Breyer told Fox News big Shannon Bream connected "Fox News Sunday."
There person been calls successful caller months, including successful op-eds specified arsenic the 1 published successful the Atlantic, that Sotomayor discontinue nether the Biden administration. The caller propulsion for the justness to resign comes up of the statesmanlike election, with left-leaning pundits and academics arguing President Biden and the Democrat-controlled Senate could o.k. a campaigner earlier the statesmanlike election.
"I deliberation determination is simply a difference. She is simply a outpouring chickenhearted and I'm an aged rooster. There we are. But radical tin accidental what they want. The determination astir what to bash is up to the judge," Breyer said.
FORMER SUPREME COURT JUSTICE STEPHEN BREYER SOUNDS OFF ON DOBBS DECISION: 'TOO MANY QUESTIONS'
Retired Supreme Court Justice Stephen Breyer joins "Fox News Sunday." (FOX NEWS )
"You tin enactment determination until you are 150 years aged if you want," helium said of the beingness assignment to the nation’s highest court. "But successful my mind, astatine slightest determination did travel a clip and I conjecture 83, 84, 85 – I don't cognize precisely however galore 80s you privation successful determination – but it's clip for different person," helium said.
Justice Sonia Sotomayor speaks astir her vocation and authoring respective books, including an autobiography, "The Beloved World of Sonia Sotomayor," Aug. 17, 2019, astatine the Mississippi Book Festival successful Jackson, Mississippi. (AP Photo/Rogelio V. Solis, File)
Sotomayor is 69 years aged and has served connected the tribunal since 2009, erstwhile President Barack Obama appointed her to the presumption pursuing the status of Justice David Souter astatine the property of 69. Sotomayor, who has Type 1 diabetes, is the oldest liberal-leaning Supreme Court justice, but younger than some Justice Samuel Alito, 74, and Justice Clarence Thomas, 75, who are some conservative.
FORMER JUSTICE BREYER THROWS COLD WATER ON THEORY DOBBS LEAK CAME FROM A JUSTICE: 'I'D BE AMAZED'
Members of the Supreme Court airs for their authoritative photograph connected Oct. 7, 2022. They are, seated from left, Justices Sonia Sotomayor and Clarence Thomas, Chief Justice John Roberts, Justices Samuel Alito and Elena Kagan, and, lasting from left, Justices Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh and Ketanji Brown Jackson. (Olivier Douliery/AFP via Getty Images)
Liberal pundits argue that if Sotomayor does not discontinue nether the Biden administration, Republicans could instrumentality power of the White House and Senate pursuing the election, meaning Sotomayor would person to stay connected the seat until Democrats resume power to guarantee a liberal-leaning justness is nominated, oregon hazard losing the spot to a new, younger blimpish justness if presumed GOP nominee Donald Trump takes the White House.
Breyer besides reflected connected his relationship with the precocious Justice Antonin Scalia successful his interrogation with "Fox News Sunday," contempt the 2 having wildly antithetic ineligible opinions. The interrogation comes arsenic Breyer touts his caller book, "Reading the Constitution: Why I Chose Pragmatism, Not Textualism," which is captious of blimpish justices for their determination to overturn Roe v. Wade.
FORMER SCOTUS JUSTICE STEPHEN BREYER CALLS DOBBS RULING LEAK ‘UNFORTUNATE’ IN NEW INTERVIEW
Breyer is simply a pragmatist, meaning helium views laws arsenic being created by circumstantial societal contexts, portion textualism interprets laws and the Constitution based on its "plain meaning," not its intent, law definitions show.
Breyer said that years ago, helium and Scalia, a blimpish stalwart who identified arsenic a textualist, visited students successful Lubbock, Texas, astatine a shot stadium wherever the 2 justices debated ineligible opinions portion illustrating to students the brace were inactive adjacent friends contempt the ideological differences.
Supreme Court Justice Antonin Scalia testifies earlier a House subcommittee connected Capitol Hill successful Washington May 20, 2010. (Reuters)
BREYER WAS RELENTLESSLY BULLIED BY THE LEFT TO GET OUT BEFORE REPUBLICANS SEIZE THE SENATE
"They'd never seen a Supreme Court judge, and we talked astir it, and earlier you cognize it… it was wide to them, we liked each other. It was besides wide we didn't agree. So I said, ‘Look, this document, written much than 200 years ago, 1788, 1789.’ I'd say, 'Look, hey, things person changed. The values don't change. The state of code stands for definite values, but what it's applying to changes.' So I say, you know, 'Nino, George Washington did not cognize astir the internet,'" helium recounted.
"And Nino says, ‘I knew that,’" Breyer recounted of his debates with Scalia, whom helium affectionately calls "Nino." Scalia abruptly died of a bosom onslaught successful 2016 astatine the property of 79.
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"So helium says, 'Stephen, the occupation with your approach, looking astatine these antithetic things is it's excessively complicated. It's excessively complicated. You're the lone 1 who tin bash it.'… But past I accidental to him, ‘If we travel your approach, we’ll person a Constitution that nary 1 would want.' And truthful determination you person the essence of the argument," helium added.
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