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 January 3, 2025

Retired Supreme Court Justice Stephen Breyer to Join Boston Appeals Court

For the first time since stepping down from the U.S. Supreme Court in June 2022, retired Justice Stephen Breyer will return to the bench, participating as a visiting judge on the 1st Circuit Court of Appeals in Boston.

Reuters reported that Breyer is scheduled to hear nine cases in early January, including significant legal appeals from the New England region.

Justice Stephen Breyer, appointed to the Supreme Court by President Bill Clinton, will mark a significant return to judicial participation next month.

His upcoming role on the 1st Circuit Court of Appeals emphasizes his ongoing commitment to the judiciary even after retirement.

As a member of three-judge panels, Breyer will hear appeals involving various cases from the states of Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island.

Cases To Be Heard By Breyer In January

Among the cases to be reviewed, Breyer will be present for a dispute concerning the restrictions on cruise ship passenger visits in Bar Harbor, Maine.

This specific appeal garners attention due to its potential implications for tourism and local regulations. Moreover, Breyer will delve into an appeal related to a former Haitian mayor who is contesting a jury's $15.5 million verdict. These cases are scheduled for presentation on January 8 and 9, marking the start of Breyer's renewed judicial involvement.

The returning justice will sit alongside Chief U.S. Circuit Judge David Barron on one of the panels scheduled for January 8.

This joint effort underscores the collaborative nature of judicial panels in the appellate system. The selection of cases includes a blend of local and regional disputes, reflecting the broader responsibilities of the 1st Circuit Court.

Justice Breyer's anticipated participation was confirmed in a judicial calendar unveiled on a Monday, outlining his specific commitments to these legal proceedings.

Prior to his service on the Supreme Court, Breyer was positioned on the 1st Circuit Court of Appeals due to an appointment by former President Jimmy Carter. His return to this judicial body draws a parallel to other former justices, such as David Souter, who also revisited the appellate courts post-retirement.

The 1st Circuit, based in Boston, is recognized as the smallest of the thirteen federal appeals courts. Currently, it is composed of five active judges, all appointed by Democratic presidents, with one judge position remaining vacant.

Breyer's Perspective on Judicial Status

In earlier discussions, Breyer indicated his intent to occasionally serve as a visiting judge on the 1st Circuit. During a conversation on the "Politics War Room with James Carville & Al Hunt" podcast, he reflected on the enduring nature of his judiciary role. "I'm a judge. If you take senior status, you remain a judge," he remarked.

The reopening of his judicial duties aligns with his philosophy that taking senior status extends his legacy in a manner consistent with his lifelong dedication to the courts.

While his primary role as a Supreme Court justice concluded in June 2022, his contributions and legal acumen continue to influence the American justice system through special assignments.

By choosing to reconvene on the 1st Circuit Court of Appeals, Breyer exemplifies a tradition among retired justices who maintain their judicial activity through appellate work. His participation highlights the court's crucial role in deliberating over appeals from a diverse array of legal challenges faced by five territories within its jurisdiction.

This arrangement not only benefits the circuit but also allows Breyer to apply his vast experience and perspective to pressing legal disputes. As the cases mentioned are addressed, his input could shape rulings with significant ramifications for the involved parties and the broader region.

Written By:
Christina Davie

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