Breyer's retirement allowed Biden to nominate Ketanji Brown Jackson.
In announcing his retirement, Breyer had cited provisions of 28 U.S.C. § 371. That statute allows justices to retain their title but step down from active duty and continue to collect a salary if they reach a certain age and serve for a designated number of years. Breyer is well beyond the required 10 years of service for those who retire at age 70 or older, as he has served on the Supreme Court since 1994.
Harvard's announcement included a statement from Breyer. "I am very pleased to return to Harvard to teach there and to write," he said. "Among other things, I will likely try to explain why I believe it important that the next generations of those associated with the law engage in work, and take approaches to law, that help the great American constitutional experiment work effectively for the American people.
Breyer joined the Supreme Court after his nomination from President Bill Clinton, making him the second-longest serving active justice prior to his retirement, behind Justice Clarence Thomas, who joined in 1991.
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