New National Poll Shows, By 2-to-1 Margin, Americans Believe Breyer Should Retire This Year

05.04.21

FOR IMMEDIATE RELEASE

May 4, 2021

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NEW NATIONAL POLL SHOWS, BY 2-TO-1 MARGIN, AMERICANS BELIEVE BREYER SHOULD RETIRE THIS YEAR

WASHINGTON, DC— A new poll commissioned by Demand Justice shows that 52% of voters think Supreme Court Justice Stephen Breyer should retire this year while only 23% say he should not.

The poll, conducted by Hart Research, shows overwhelming support for Breyer retiring this year among Democrats (+75%), Independents (+18%), and moderates (+41%).

Demand Justice previously called on Justice Breyer to retire to allow President Biden to nominate the first-ever Black woman Supreme Court justice while Democrats control the Senate. 

Breyer recently passed two milestones without making any retirement announcement, spurring speculation he may intend to stay on the Court for at least another year. May 1st was the anniversary of Justice David Souter announcing his retirement in 2009; each of the last four justices to retire under a Democratic President made their announcements by this point in the calendar. Then, on May 4th, Justice Breyer participated in the Court’s last oral arguments for the term, which would have been a natural moment for him to announce his intention to step down. However, no announcement came. 

The question was included in a nationwide poll of 1,205 Americans who voted in the 2020 election. Participants were asked, “As you may know, Supreme Court Justice Stephen Breyer is now 82 years old, and he may be considering retirement. Do you think Justice Breyer should retire this year, which would allow President Biden to nominate a new Supreme Court justice?”

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