Thread by @DavidLat

1/ Everyone keeps assuming that Justice Stephen Breyer will retire from #SCOTUS either this year or, as is looking more likely right now, next year.

But what is the basis for this assumption? Might Justice Breyer stick around for several more years?

2/ In his recent interview with @JoanBiskupic of @CNN, all Justice Breyer said was that (a) he hasn't decided on when to retire and (b) he would consider his health and the needs of #SCOTUS in deciding.

What do those factors say right now about retirement?

3/ Justice Breyer seems active and healthy, and he's still making meaningful contributions at #SCOTUS.

This past Term, he wrote opinions for the Court in such major cases as CA v. TX (the big ACA case), Mahanoy v. BL (student free speech), Google v. Oracle.

4/ As Dean Treanor of @GeorgetownLaw argues in this interesting @Slate piece, #SCOTUS history "shows that pundits, & even presidents, are not good actuaries."

"At 82, Breyer may have MANY years on the court ahead."

bit.ly/3Bl3q7q #appellatetwitter

5/ Here's a list of the 10 oldest #SCOTUS justices ever (which I haven't independently verified, and yes "Brandeis" is misspelled, but I assume they did the math right).

In August, Breyer will be 83 — good for only #9 on this list.

bit.ly/3wP2KDW

6/ To be clear, my personal opinion, for whatever it's worth, is that Justice Breyer should retire now/soon.

But I'm just pointing out that he, Justice Breyer himself, might have a different view — which I don't think many of us have sufficiently considered.