Retired Supreme Court Justice Stephen Breyer is set to begin 2025 by returning to the courtroom, this time as a visiting judge for the Boston-based 1st Circuit Court of Appeals. At 86, Breyer will step back into judicial duties nearly three years after retiring from the nation’s highest court in June 2022.
The court’s newly released schedule lists Breyer as part of three-judge panels hearing cases from New England. His docket includes notable disputes such as a challenge to Bar Harbor, Maine’s cruise ship visitor limits and the appeal of a former Haitian mayor ordered to pay $15.5 million for alleged human rights abuses.
Breyer will participate in arguments on January 8 and 9, working alongside judges that include Chief U.S. Circuit Judge David Barron. This marks Breyer’s first stint on the appellate bench since his Supreme Court departure.
While Breyer has not commented publicly on his return, he hinted at this move during an April podcast appearance, describing his enduring identity as a judge even in retirement.
Before joining the Supreme Court in 1994, Breyer served on the 1st Circuit for over a decade, having been appointed by President Jimmy Carter in 1980. His decision to sit as a visiting judge mirrors a tradition upheld by retired justices, including his former colleague David Souter, who regularly served in the same capacity after leaving the Supreme Court.
The 1st Circuit, the smallest of the 13 federal appeals courts, handles cases from Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island. With its rich history and familiar jurisdiction, it offers Breyer a fitting stage for his return to judicial service.
