Stephen Breyer retirement watch just got a little more interesting

That may suggest that judges ought not consider the political party of the president under whom they retire, but Justice Breyer seemed to reject that position.

He was asked about a remark from Chief Justice William H. Rehnquist, who died in 2005, in response to a question about whether it was “inappropriate for a justice to take into account the party or politics of the sitting president when deciding whether to step down from the court.”

“No, it’s not inappropriate,” the former chief justice responded. “Deciding when to step down from the court is not a judicial act.”

That sounded correct to Justice Breyer. “That’s true,” he said.