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When Supreme Court Justice Stephen Breyer steps down from the nation’s highest court – as Fox News has been told he intends to do at the end of the court’s current term – his departure will end the influence of former President Bill Clinton on the court.
Clinton, who served two terms as president, 1993-2001, named two justices to the court during his time in office: Ruth Bader Ginsburg, who served on the court from August 1993 until her death at age 87 in September 2020, and Breyer, 83, whom Clinton nominated in May 1994 and who joined the court in August of that year.
Breyer’s nomination followed the retirement of former Supreme Court Justice Harry Blackmun, an appointee of former President Richard Nixon who had served on the court since 1970.
When Clinton announced Breyer’s nomination on May 16, 1994, he called the San Francisco native an “unquestioned leader of the judiciary.”
SUPREME COURT JUSTICE STEPHEN BREYER TO RETIRE
“Judge Breyer will bring to the Court a well recognized and impressive ability to build bridges in pursuit of fairness and justice. In the generations ahead, the Supreme Court will face questions of overriding national importance, many of which we cannot today even imagine,” Clinton said.
He was confirmed by the U.S. Senate in an 87-9 vote.
Ironically, had Hillary Clinton been elected president in 2016 and 2020, Breyer’s departure would have created an opportunity for the former secretary of state’s fourth nominee to the court. Instead, three court picks went to former President Trump and now President Biden will get his first court nominee – and the court after Breyer will have no representation from the Clintons.
The three Trump appointees on the nine member court are associate justices Neil Gorsuch (confirmed in 2017), Brent Kavanaugh (2018) and Amy Coney Barrett (2020).
While Clinton’s direct influence on the court may be coming to an end, some remaining justices have ties to the former president: Supreme Court Justice Sonia Sotomayor was nominated by Clinton in 1997 to a seat on the U.S. Court of Appeals for the Second Circuit, and Supreme Court Justice Elena Kagan was an associate White House counsel while Clinton was president.
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Breyer’s retirement decision comes after months of speculation that he might retire while the Democratic Party has control of the Senate and House of Representatives.
During a interview with The New York Times in August, Breyer said he did not intend on remaining a Supreme Court justice until death. (Being named to the court is a lifetime appointment.)
“I don’t think I’m going to stay there till I die — hope not,” Breyer said.
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Breyer also issued a warning to Democrats who are interested in packing the court, in a bid to overcome a conservative majority.
“[T]hink twice, at least,” Breyer said. “… If A can do it, B can do it. And what are you going to have when you have A and B doing it?”
Fox News Tyler Olson and Peter Aitken contributed to this story.
Adam Sabes is a writer for Fox News Digital. Story tips can be sent to Adam.Sabes@fox.com and on Twitter @asabes10.