White House Chief of Staff Ron Klain on Wednesday reportedly alerted Sen. Dick Durbin (D-IL) of Supreme Court Justice Stephen Breyer’s alleged retirement plan before CNBC first broke the news.
While Klain has been accused of pushing Breyer from his position on the Court, CNN reported that Durbin was notified by Klain of Breyer’s departure around 9:30 a.m. before the news broke.
Breyer reportedly characterized the news of his departure as making him feel “upset,” “surprised,” and “caught off guard.”
During the 9:30 a.m. phone call between Durbin and Klain, Durbin reportedly asked if a nominee to replace Breyer was selected.
“We’re in the process,” Klain reportedly responded.
Durbin replied the Senate confirmation hearing’s timetable was unknown. “It’s little early to predict a timetable for this hearing,” Durbin reportedly said.
Durbin is the chairman of the Senate Judiciary Committee and is in charge of holding hearings on Biden’s nominee to replace Breyer.
Before the news broke midmorning by CNBC, Biden, the White House, Breyer, and the Supreme Court had not put out a statement about Breyer’s retirement.
However, after the news broke, White House press secretary Jen Psaki immediately stated it was Breyer’s decision to announce his retirement:
It has always been the decision of any Supreme Court Justice if and when they decide to retire, and how they want to announce it, and that remains the case today. We have no additional details or information to share from @WhiteHouse.
Biden also publicly stated Breyer’s announcement had not been made official.
“There has been no announcement from Justice Breyer,” Biden told reporters. “Let him make whatever statement he’s going to make and I’ll be happy to talk about it later.”
On Thursday morning, the White House told reporters Biden and Breyer would hold a joint press conference at 12:30 p.m.
Breyer said in 2021 he had no plans to retire from the Court.
Breyer’s retirement comes as Republicans have momentum heading into November’s midterm elections.
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