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Stephen Gerald Breyer

Stephen Gerald Breyer

Supreme Court of the United States

Chief Judge — U.S. Court of Appeals for the First Circuit

Born 1938 in San Francisco, CA

FJC ID: 255

Career output and lasting influence

Opinions attributed per year · peak 47/year

First Circuit Court of Appeals · 1980–1994Supreme Court of the United States · 1994–2022198019902000201020202026470
opinions

Later decisions citing those opinions, per year · peak 10,058/year

First Circuit Court of Appeals · 1980–1994Supreme Court of the United States · 1994–202219801990200020102020202610k0
citing decisions

First Circuit Court of Appeals · 1980–1994Supreme Court of the United States · 1994–2022

Both charts share the same year axis. Opinion counts include only opinions in our corpus attributed to this judge so far — a year at zero can mean an attribution gap, not judicial silence. Influence typically outlasts the career: citations keep climbing after the last opinion.

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Stephen Gerald Breyer (, BRY-ər; born August 15, 1938) is an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and replaced retiring justice Harry Blackmun. Breyer was generally associated with the liberal wing of the Court. Since his retirement, he has been the Byrne Professor of Administrative Law and Process at Harvard Law School.

Born in San Francisco, Breyer attended Stanford University and the University of Oxford, and graduated from Harvard Law School in 1964. After a clerkship with Associate Justice Arthur Goldberg in 1964–65, Breyer was a law professor and lecturer at Harvard Law School from 1967 until 1980. He specialized in administrative law, writing textbooks that remain in use today. He held other prominent positions before being nominated to the Supreme Court, including special assistant to the United States assistant attorney general for antitrust and assistant special prosecutor on the Watergate Special Prosecution Force in 1973. Breyer became a federal judge in 1980, when he was appointed to the U.S. Court of Appeals for the First Circuit. In his 2005 book Active Liberty, Breyer made his first attempt to systematically communicate his views on legal theory, arguing that the judiciary should seek to resolve issues in a manner that encourages popular participation in governmental decisions.

On January 27, 2022, Breyer and President Joe Biden announced Breyer's intention to retire from the Supreme Court. On February 25, 2022, Biden nominated Ketanji Brown Jackson, a judge on the U.S. Court of Appeals for the District of Columbia Circuit and one of Breyer's former law clerks, to succeed him. Breyer remained on the Supreme Court until June 30, 2022, when Jackson succeeded him. Breyer wrote majority opinions in landmark Supreme Court cases such as Mahanoy Area School District v. B.L., United States v. Lara, and Google v. Oracle and notable dissents questioning the constitutionality of the death penalty in cases such as Glossip v. Gross.

Gender
Male
Race
White

Prior employment

  1. Harvard Law School
    Faculty · 1967–1994
    • professor · 1967–1980
    • lecturer · 1981–1994
  2. Judicial Conference of the United States
    Member · 1990–1994
  3. U.S. Sentencing Commission
    Commissioner · 1985–1989
  4. Kennedy School of Government, Harvard University
    Professor · 1977–1980
  5. U.S. Senate Committee on the Judiciary
    Chief counsel · 1979–1980
  6. Administrative Practices Subcommittee, U.S. Senate Committee on the Judiciary
    Special counsel · 1974–1975
  7. Watergate Special Prosecution Force
    Assistant special prosecutor · 1973
  8. Antitrust Division, U.S. Department of Justice
    Antitrust Division, U.S. Department of Justice
    Special assistant to the assistant attorney general · 1965–1967
  9. Supreme Court of the United States
  10. U.S. Army
    1957

Appointments

  1. Supreme Court of the United States
    1994–2022 · Appointed by William J. Clinton (Democratic)
  2. First Circuit Court of Appeals
    1980–1994 · Appointed by Jimmy Carter (Democratic)
    Term ended: Appointment to Another Judicial Position

Education

  1. Harvard Law School
    LL.B. · 1964
  2. University of Oxford
    B.A. · 1961
  3. Stanford University
    A.B. · 1959