Liberal advocates, law professors and some Democratic members of Congress have tried in public statements to persuade Breyer to leave the bench. They want Democratic President Joe Biden to be able to name a younger liberal while the Senate, which has the constitutional "advice and consent" power, holds a thin Democratic majority. Some liberals were urging Breyer to announce a departure as the justices released their final opinions the first week in July. When asked directly over coffee in rural New Hampshire whether he had decided when to step down, Breyer said simply, "No." In June, as the Roberts conservative majority rejected a California regulation that gave union organizers temporary access to agricultural land to speak to farmworkers, enhancing property rights, Breyer kept the dissenting opinion for himself.

Source: CNN July 15, 2021 10:32 UTC