High Court’s Breyer Leaves Democrats in Suspense on Retirement

Democrats are watching the Supreme Court warily in the last week of its term to see if its oldest member will retire, allowing President Joe Biden to name a replacement while the party still holds a narrow majority in the Senate.

But Justice Stephen Breyer, 82, is giving no indication that he will step down. In a speech in April, he underscored the need to keep the court separate from politics, making arguments that might be hard to square with a retirement decision timed to help Democrats.

“If the public sees judges as politicians in robes, its confidence in ...