July 2, 2026

In a candid interview with Bloomberg Law, Retired Justice Stephen Breyer addressed concerns about the perceived decline in trust toward the American judiciary. Breyer, who has served on the Supreme Court for nearly three decades, emphasized that the process of appointing a justice is inherently political due to the involvement of various political groups vying for their preferred nominee. However, he firmly stated that the role dramatically changes once a judge is appointed.
“It’s politics when you’re appointing a new justice; every political group in the world [campaigns for their preferred nominee.] But once the judge is appointed, it’s different. The judge is thinking, what is the correct decision according to the law?” Breyer explained during the interview. This distinction, he argues, is crucial in understanding how justices approach their duties once on the bench.
Breyer's comments come at a time when public trust in the judiciary has been waning. He acknowledges this trend but refutes the idea that it stems from the Supreme Court's politics. Instead, he suggested that other factors might contribute to this decline in trust, which could pose a significant threat in the long run if not addressed.
The interview sheds light on Breyer’s perspective on the judiciary's role and independence, providing a counter-narrative to the prevalent discourse surrounding the Supreme Court's alleged politicization. As debates over the court's integrity and impartiality continue, Breyer’s insights offer a defense of the judicial process and a reminder of the separation between judicial duties and political influences once a justice assumes office.