Retired Justice Stephen Breyer Plans Return to First Circuit

Retired US Supreme Court Justice Stephen Breyer plans to return to the US Court of Appeals for the First Circuit in the fall to hear cases while on senior status.

“I’m a judge. If you take senior status, you remain a judge. And not only you remain a judge in terms of status, but probably next fall I will go over and sit with the First Circuit,” Breyer said on a podcast episode of “Politics War Room with James Carville & Al Hunt.” Breyer’s return was earlier reported by Reuters.

“We are thrilled to accommodate that request,” said Circuit Executive Susan Goldberg, noting that “the precise dates are not yet scheduled.”

Breyer served on the First Circuit from 1980 to 1994, before he spent more than 27 years sitting on the US Supreme Court. Since his 2022 retirement, he has taught at Harvard Law School and written a book on the US Constitution, and has made several public appearances at First Circuit events.

The late Justice Sandra Day O’Connor and Justice David Souter also heard cases following their retirements.