Skip to main content
Saturday, November 14, 2026Nov 14

Supreme Court Justice Breyer has options as a retiree

In this image from video provided by the Supreme Court, retired Supreme Court Associate Justice Stephen Breyer administers the Judicial Oath to Ketanji Brown Jackson as her husband Patrick Jackson holds the Bible at the Supreme Court in Washington, Thursday, June 30, 2022. (Supreme Court via AP)
In this image from video provided by the Supreme Court, retired Supreme Court Associate Justice Stephen Breyer administers the Judicial Oath to Ketanji Brown Jackson as her husband Patrick Jackson holds the Bible at the Supreme Court in Washington, Thursday, June 30, 2022. (Supreme Court via AP)

WASHINGTON (AP) – Until last week when he swore in Justice Ketanji Brown Jackson, his successor on the Supreme Court, Justice Stephen Breyer had a rigorous, intellectually challenging job with the highest of stakes. Now the 83-year-old retiree has no briefs to read and no opinions to write.

As a retired justice, Breyer can maintain an office at the Supreme Court if he wants to and also gets a clerk to help him. But like other retired justices he also gets to chart his own path based on his personality and interests. One example: Justice Sandra Day O’Connor, the court’s first female justice, in retirement founded a group that teaches students civics through computer games.

Here are some things Breyer might do in retirement:

JUDGE

Just because Breyer has retired doesn’t mean he has to stop hearing cases. A 1937 law allows retired Supreme Court justices to continue to hear and decide cases on lower federal courts, a practice called “sitting by designation.” A number of retired justices have continued to sit on federal courts of appeal, the level below the Supreme Court, where judges hear cases in three-judge panels.