N.Y. Rep. Jones becomes first in Congress to call on Justice Breyer to retire from Supreme Court

Rep. Mondaire Jones is on a roll for Supreme Court reform.

Fresh off of introducing a bill to expand the Supreme Court, the first-term New York Democrat called on Justice Stephen Breyer to retire Friday, becoming the first member of Congress to do so out of concern for the political balance of the high bench.

Jones, who represents Westchester and Rockland Counties, said the 82-year-old justice should step aside to ensure that President Biden — not a future Republican chief executive — gets to pick his successor.

“We can’t risk losing yet another seat on the high court to the radical, anti-democracy far-right, which is why I urge Justice Breyer to step down at the end of the term and allow President Biden to fill his seat with a nominee who will carry on Breyer’s legacy,” Jones told the Daily News.

Rep. Mondaire Jones, D-N.Y. (left) and Associate Justice Stephen Breyer (right)

Breyer, who was appointed by President Bill Clinton in 1994, is one of the Supreme Court’s three liberal-leaning justices, and Jones said he’s “grateful for his work and dedication to protecting our democracy.”

However, the progressive congressman said he’s concerned that if Breyer stays on past Biden’s first term, his departure from the court may occur under a Republican administration.

As an example of his fear for what could happen if Breyer stays put, Jones referenced last year’s rushed confirmation of Justice Amy Coney Barrett after the death of Justice Ruth Bader Ginsburg.

“The far-right will stop at nothing to maintain its grip on the Supreme Court, something Republicans made clear when they refused to hold a single hearing on Merrick Garland’s nomination for more than a year, only to push through Amy Coney Barrett’s nomination just days before a presidential election,” he said.

FILE - Mondaire Jones speaks during a rally, July 15, 2020, in White Plains, N.Y. (Bebeto Matthews/)

A spokeswoman for the Supreme Court did not return a request for comment.

Progressive advocacy groups have mounted a public push in recent weeks for Breyer to retire amid concerns that the court’s conservative majority could issue controversial rulings on abortion, voting rights and other key issues.

Some Democratic members of Congress have privately indicated they’d like to see Breyer step down as well, but Jones is the first lawmaker to go on the record about it.

Supreme Court Justice Stephen Breyer pauses before speaking at Yale Law School in New Haven, Conn., Wednesday, Feb. 17, 2016. (Peter Hvizdak, AP/)

The focus on Breyer comes as Democrats are ramping up efforts to reform the Supreme Court, which is currently dominated 6-3 by conservative-leaning justices.

Earlier this week, Jones joined fellow New York Rep. Jerry Nadler and other lawmakers in introducing a bill that would add four seats to the Supreme Court.

If enacted, the bill would give Biden the opportunity to flip the political balance of the court, which plays a critical role in American politics.

From left, Rep. Hank Johnson, D-Ga., Sen. Ed Markey, D-Mass., House Judiciary Committee Chairman Jerrold Nadler, D-N.Y., and Rep. Mondaire Jones, D-N.Y., hold a news conference outside the Supreme Court to announce legislation to expand the number of seats on the high court, on Capitol Hill in Washington, Thursday, April 15. (J. Scott Applewhite/)

But the measure is unlikely to become law as Republicans remain rigidly opposed to Supreme Court reform. Even some top Democrats are skeptical.

House Speaker Nancy Pelosi (D-Calif.) said after Jones and Nadler introduced their bill that she has “no plans” to put it up for a vote because she wants Biden’s newly formed Supreme Court reform commission to finish studying the thorny issue first. The commission is expected to produce a report on the possibility of expanding the court by this fall.