Retired U.S. Supreme Court Justice Stephen Breyer will return to the bench in January 2025, taking on the role of a visiting judge at the Boston-based 1st Circuit Court of Appeals. This will mark his first time hearing cases since stepping down from the Supreme Court in June 2022. Breyer, 86, is set to join three-judge panels to hear appeals from a range of cases originating in New England, signaling an exciting chapter in his post-Supreme Court career.
Breyer’s involvement in the 1st Circuit appeals court will begin on January 8 and 9, when he will hear nine cases, including high-profile challenges. One case involves a dispute over limits on cruise ship passenger visits in Bar Harbor, Maine, while another concerns a former Haitian mayor’s appeal of a $15.5 million jury verdict. These cases will be argued before different panels, allowing Breyer to collaborate with four other judges, including Chief Judge David Barron, who will join Breyer on January 8.
This marks Breyer’s return to the 1st Circuit, where he served as a judge before his appointment to the Supreme Court by President Bill Clinton in 1994. Breyer’s decision to sit as a visiting judge on the 1st Circuit follows in the footsteps of his former colleague, Justice David Souter, who frequently returned to the circuit court after retiring from the Supreme Court in 2009.
In April 2023, Breyer revealed his plans to take on this new judicial role, emphasizing that even in retirement, he remained committed to his duties as a judge. Speaking on the podcast Politics War Room with James Carville & Al Hunt, Breyer noted, “I’m a judge. If you take senior status, you remain a judge. And not only you remain a judge in terms of status, but probably next fall I will go over and sit with the 1st Circuit.”
The 1st Circuit Court of Appeals is responsible for hearing appeals from Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island. It is the smallest of the 13 federal appellate courts, with five active judges, all appointed by Democratic presidents, and one vacant seat.
Breyer’s decision to return to the 1st Circuit will be closely watched as it represents a rare opportunity for the public to observe a former Supreme Court justice at work in the appellate court system.
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