For the first time in over two years, retired U.S. Supreme Court Justice Stephen Breyer will resume hearing cases, this time as a visiting judge on the 1st Circuit Court of Appeals in Boston. The court’s recently released calendar confirmed that Breyer, now 86, will join three-judge panels to preside over appeals from New England cases.
Tackling Nine Complex Cases in January
Breyer’s schedule includes nine cases to be heard on January 8 and 9. Among these are high-profile disputes such as a challenge to Bar Harbor, Maine’s restrictions on cruise ship passenger visits and a former Haitian mayor’s appeal of a $15.5 million jury verdict over allegations of orchestrating a violent campaign against his political opponents.
By participating in these hearings, Breyer will sit alongside four other judges, including Chief U.S. Circuit Judge David Barron. The court has arranged two panels, allowing Breyer to work with a mix of judicial colleagues during the two-day session.
Continuing a Legacy of Judicial Service
Breyer’s return as a visiting judge highlights his enduring commitment to the judiciary. Following his retirement from the Supreme Court in June 2022, Breyer shared plans to resume judging duties during an episode of the Politics War Room podcast. “I’m a judge. If you take senior status, you remain a judge,” he explained, adding that he intended to sit with the 1st Circuit again.
This move mirrors the path of his former Supreme Court colleague David Souter, who also frequently served as a visiting judge on the 1st Circuit after retiring in 2009.
Ties to the 1st Circuit Court
Breyer’s history with the 1st Circuit runs deep. Before President Bill Clinton appointed him to the Supreme Court in 1994, Breyer had served as a judge on the Boston-based appellate court. President Jimmy Carter, who passed away on Sunday at the age of 100, appointed Breyer to the 1st Circuit in 1980.
The 1st Circuit Court of Appeals, the smallest of the 13 federal appellate courts, hears cases from Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island. It currently has five active judges, all appointed by Democratic presidents, and one vacancy.
By returning to the bench, Justice Breyer underscores his unwavering dedication to the judiciary, demonstrating that retirement from the Supreme Court does not mean stepping away from public service.
