breyer, dr.tell you, this is sort of a bittersweet day for me. justice breyer and i go back a long way. all the way back to mid-'70s when he first came on the judiciary committee. but that's another story. i'm here today to express the nation's gratitude to justice stephen breyer for his remarkable career in public service and his clear-eyed commitment to making our country's laws work for its people. and our gratitude extends to justice breyer's family, for being partners in his decades of public service. particularly i want to thank his wife dr. joanne breyer who is here today and who has stood by him for nearly six decades with her fierce intellect, good humor and enormous heart. i want to thank you. the country owes you as well. and stephen breyer's public service started early. he served in the united states army as a teenager. and all three branches of the federal government before he turned 40. during the good old days. and as he was a law clerk, supreme court justice goldberg. a prosecuto

breyer to retire from high court. the decision by liberal leaning justice gives biden a chance to fulfill campaigning promise and nominate a black woman. we are joined for some insight on the news and the likely resignation of justice breyer by lauren hurley, who covers the supreme court -- lawrence hurley who covers the super incorporate thank you for being up with us. the news is not a surprise. there has been pressure on justice breyer to retire since joe biden came into office. guest: liberal activists have been anxious about justice breyer. also, because of what happened with justice ginsburg, justice ruth bader ginsburg, who democrats wanted to retire when obama was president and she did not. ultimately, she died during the trump administration, allowing president donald trump to replace her. that helped make the court a 6-3 majority. democratics wanted breyer seat to go to a demo credit appointee. -- breyer seat to go to a democratic appointee. host: what type of justice do you think the president will be looki

justice breyer and i go back a long way.ll the way back to the mid-1970's, when he first came on the judiciary committee. but that's another story. i am here today to express the nation's gratitude to justice stephen breyer for his remarkable career in public service and his clear eyed commitment to making our country's laws work for its people. and our gratitude extends to his family, for being partners in his decades of public service, and particularly his wife, who is here today and has stood by him for nearly six decades with her fierce intellect, good humor, and enormous heart. i thank you. the country owes you, as well. and stephen breyer's public service started early. he served in the u.s. army as a teenager, and in all three branches of the federal government before he turned 40. the good old days. warrant they? -- warrant they -- weren't they? a clerk to supreme court justice goldberg, a prosecutor in the department of justice, a member of the watergate prosecution team. i first met stephen breyer as a senator on t

and we start with stephen breyer. and we're joined by a former law clerk of justice breyer and at the university of law and sotomayor when she was a district court judge. susan, we've been through conformations but this is going to be historic. so, let's talk about the politics of this nomination. a 50/50 senate. vice president harris is there, of course, to break any tie that does not require 50 votes thanks to mcconnell making the change to filibuster rule to the dismay of democrats but this time it could work to their advantage. potential nominees perhaps led by jackson, who just last june was nominated and confirmed for the appeals court, the d.c. appeals court just below supreme court with republican saying she's qualified for the circuit court. that was lindsey graham and he added elections have consequences. that's what he said yesterday. which means the democrats, technically, if they hold their own, they would hope have even a couple of republicans. including lindsey graham and lisa murkowski, who voted for h

justice breyer is 83 years old. he is expected, we are told, to stay on the bench until the end of this term and until -- this is an important condition -- until his replacement is confirmed by the united states senate. president biden has said in the past he would nominate a black woman if given a first pick. let's bring in our court analyst, joan biskupic. it's a big decision for him to make which then hands his friend, the president of the united states, an even bigger decision. >> reporter: that's right. he's known joe biden for a long time, and, you know, this will give president biden the chance -- the first time in 12 years that a democratic president is going to be able to name someone to a lifetime seat on the supreme court, and you can see the effect given that stephen breyer is 83 years old. if he chooses someone who is in her 50s, her 40s, that person can be here for this generation, the next generation, our children's generation. so this is very big. i know it was a hard decision for justice breyer. he'

>> justice breyer is a good man.ce gorsuch and law clerks including me when we joined the courts. he has shown independence as a justice, he has been very outspoken about the democrats pushing to pack the supreme court. justice has come out and said it's a bad idea. there's no way demand justice or the left wing groups forced him off the bench. i would note it is surprising that the white house, the biden white house let this announcement leak and they let it get out there before justice breyer had the chance to make the announcement. i think it was bad form, very bad form. >> sandra: do you know that to be the case, mike? >> well, he has not put out a statement yet, you have to wonder where the leak came from. it would not have come from the supreme court. >> trace: and president biden earlier said justice breyer has not made the statement. let's let him make the statement before we make the statement. a lot of people are making statements, including dick durbin says he will move biden's nominee expeditiously throug

stephen breyer: thank you mr. president, that is terribly nice and believe me, i hold it right here. it's wonderful. and i thought about what i might say to you in something i enjoy is talking to high school students, grammar school students, college students. even law school students. and they will come around and ask me, what is it you find particularly meaningful about your job? what gives you a thrill? and that is not such a tough question for me to answer. it is the same thing. day one almost up today i don't know how many. but what i say to them is, look, i sit there on the bench. and after we hear lots of cases and after a while, the impression -- it takes a while. i have to admit. but the impression you get, as you well know, this is a complicated country. there are more than 330 million people and my mother used to say it is every race, it is every religion, and she would emphasize this. it is every point of view possible. and it is a kind of miracle when you sit there and see all of those people in front

breyer. from his opinion on voting rights, environmental protections, women's reproductive freedom, and protecting access to affordable healthcare, justice breyer's impact upon our nation will last for generations. america is a more perfect union today because of chief -- because of justice stephen breyer. and of course, judge breyer's legacy of service extends beyond even his remarkable time on the court, on the supreme court. for 13 years, he also sat on the u.s. court of appeals for the first circuit. before that, he served for eightees as am be of the army reserves. and of course, members of this chamber cannot forget that he was once part of the senate itself, serving as an aide on the judiciary committee in the 1970's where he worked closely with our dear friend, the late senator ted kennedy. every step of the way he remained his essential self -- decent, brilliant, and dead caded to our democracy. with his new vacancy on the court, president biden will have an opportunity to make histo

justice stephen breyer plans to retire. this is according to a well-placed source familiar with the matter and breyer's departure will give president biden a chance to nominate a successor. jessica schneider joins us with more reporting. i know you've been working your sources. what have you learned? >> reporter: this announcement is coming quite early. there are still five months left in the supreme court's term. most justices that have announced their retirement in the past haven't done so until at least march. the 83-year-old justice has said in the past he would consider two things when deciding to leave, his health and the court w. no known health issue it is clear the court is his main reason for leaving after almost three decades on the court. he has spoken extensively over the past year and has even written a book. he expressed concern that the public views the court as political and talks about how that perception could erode faith in the court. justice breyer does come from a political background himself. he was t

breyer. let him make whatever statement he's going to make and i will be happy to talk about it later. >> the president saying he won't talk specifics yet, a matter of respect and decorum, but news this big waits for no one. the u.s. senate gearing up for a major confirmation clash going into the mid-terms. a senator with a vote on the matter joins our special coverage later on tonight's show and white house staff already outlining some of the likely plans. breyer expected to announce his retirement as early as tomorrow officially. reports are he would leave at the end of this term, giving the white house plenty of time to select and push a nominee. now, is that breyer's way of also shaping the timing of his own replacement process? i actually asked him about how justices consider their own replacements. this is in a rare interview in the pandemic era on zoom about two years back. he touched on some of the pressures here. do you think the justices do or should think about who will replace the

i called steve breyer. i knew how close they were. he was reciting rosh hashanah, the prayer for the dead, watching a virtual service, because it was covid, with his children and grandchildren when he learned his dear friend and colleague, ruth bader ginsburg passed away. at the end of the service for her in washington, he came on the program and what he said to me was. she was a great justess, a woman of valor, a rock of righteousness and my good, good friend. those are the things i think she contributed. she made the world a better place to live un. so, you think oh dear and you think thank you, thank you, thank you. that's what a lot of people who believe steve breyer's work, who clerked for him and resentful of the political pressure placed on him because ultimately of the way people reacted to the mitch mcconnell treating merrick garland so grievously. according to those that believe presidents should have the ability to nominate and try to get confirmed people who are their choices because it had never been done before when the

breyer knows that. keep in mind, a lot of the progressives, today, are thinking about judge amy coney barrett. after justice ginsberg died, they were so quick to act. they got her in front of senate, confirmed. it all happened within a month. that's why so many people are pushing for judge brown jackson because he was recently vetted for a seat on the d.c. sir s circuit. she worked outside the box. she's a breyer clerk. the senate has seen her. she's ready to go. she's probably the most vetted person out there on the short list. that's why you're hearing so much about her. you'll hear a lot of different candidates in next couple of days because they will push for who they want. that would be the way to go as quickly as possible, to have hearings and to be able to get this new nominee in as soon as possible. >> she got 53 votes. why would anyone who voted for her a few months ago have reason to vote against her. she is a virtual lock for confirmation and what more do you need? >> i like that you believe

clinton: judge stephen breyer.plause] john: nominated by president bill clinton in 1994, he sits on a court with a solid conservative majority, secured by three selections by president donald trump. the most senior of the three remaining justices appointed by democratic presidents, he defends positions he has long championed, like abortion rights. in oral arguments last december, he quoted an earlier decision to say that the landmark ruling roe v. wade should not be overturned. justice breyer: to overrule under fire in the absence of the most compelling reason, to reexamine a watershed decision, would subvert the court's legitimacy beyond any serious question. john: and gun control, here in the 2008 case that led to the precedent-setting ruling that the second amendment protects an individual's right to keep a gun in the home, breyer was in the minority. justice breyer: why isn't a ban on handguns, while allowing the use of rifles d muskets, a reasonable or a proportionate response on behalf of the district of colu

justice stephen breyer set to retire. and we have now learned that president biden will make the announcement official at the white house tomorrow. the 83-year-old justice breyer, the most senior member of the liberal wing. tonight, president biden, what he said today about justice breyer and what comes next. the president campaigning on a promise to nominate a black woman to the supreme court. tonight, the short list right here. and how quickly will the senate move? what we're learning already. terry moran at the supreme court. mary bruce at the white house. rachel scott on the hill. >>> also tonight, what could be a dangerous nor'easter. this evening, the two new models just in. the two possible tracks. and how much snow is possible? from philadelphia up through new york city and into new england. rob marciano timing it all out. >>> tonight, moderna now saying human trials of its omicron-specific booster are now under way, following the news from pfizer on this, as well. tonight, dr. fauci on whether this will be needed

breyer has a comforted legacy. look, would take nine stephen breyers over one gorsuch.you see the most firebreathing leftie? no. i don't think biden is going to replace m with the most firebreathing leftie i can think of, either. it wasn't the obama strategy, quite frankly. i don't anticipate biden's nominee being attacked from the left too much, but i don't anticipate biden's nominee being as left as you could go. amy: finally, your headline "supreme court versus the earth." we ia bad situation right now. unfettered 28, the supreme court will hear a major case where it will try to limithe epa's ability to regulate carbon emissions, greenhouse gases from power plants. that is amazing to me because clean air is in the name of the law. but if you understand where conservatives are coming from, they have a generations long ideological crusade against the administrative state which includes things like the epa, which includes as we saw last month, osha, and that is why the conservatives were willing to overturn the osha vaccine or test mandate, that is why they will likely

past fall with justice breyer. one of those little bits of gold was when he said i don't live on pluto. well, this is proof. he doesn't. he's very much here on planet earth steeped in the reality of the politics which is why he did what he did when he did it. >> it is, joan, really helpful to see your interview. just to even see who he is as a person. we see these sort of robed justices on high and we don't often, i was just fascinated watching him smile and laugh at some of your questions. it will change the chemistry regardless of what happens, of the court. so what role did justice breyer play that was specific and unique to him? >> he did have a specific role. he came from the legislative side. he was an aide to teddy kennedy back in the '70s on the senate judiciary committee. something he talks about all the time. you can hardly have a conversation with him without him referring to his years are senator kennedy. he talked about the importance of building consensus and he has told me he doesn't like dissents be

breyer's future had been closely watched ever since president biden took office.th abc news' george stephanopoulos last year. >> i've said there are many different considerations, and that i do not intend to die there on the court. i hope not. >> reporter: the supreme court has been a battleground for some of the most contentious issues of our times. abortion. gun control. affordable health care. and breyer was there for all of it, though he insisted the court was not political. his move today allowing president biden to nominate the first supreme court pick of his presidency. >> why not? justice breyer's looking into politics like everybody else, looking like the republicans are going to take over. >> reporter: with the president's approval ratings at an all-time low and the midterms impending, the time to act was now. >> democrats have a razor-thin majority in the senate. i think justice breyer is aware the 6-3 majority on the court is in the process of fundamentally changing the law in some significant ways. >> reporter: in the wake of three nominations by dona

and breyer really did try to get it right. but they have a clear judicial philosophy and he was consistent about it. and he was very coherent and how he wrote about it. that's the reason he will have a lasting legacy because there is depth to his opinion and i think that will be valued for years to come. >> harris: i want to bring in now bret baier, inc. of special reports from washington, d.c., today and david spunt was on moments ago and i asked him to read from one of the lawmakers reactions, just in terms of what they would like to see coming down the pike. and with all the great merits and everything else, can we see a black female. president biden, what are you hearing? >> harris, good afternoon. i think you all have hit a lot of the points directly, and pledge not once and not twice but multiple times on debate stages and elsewhere that, if he was president and if a vacancy on the supreme court came open, he would nominate a black woman to be on the court. he said it's time to have that representation to the court. i th

the retirement of supreme court justice stephen breyer. the liberal justice is expected to formally announce his decision at a white house event with president biden as early as today. more on that in just a moment. now, as for his replacement, the president has promised to make history here, naming the first black woman to the high court. >> such a move could serve as a political lifeline for democrats hoping to motivate the base before midterm elections this fall. but for now, many in the party are breathing a sigh of relief. at 83, breyer was the oldest member of the court and had been under intense pressure from the left to step down while mr. biden still has a path to replace him. while the president will likely get his pick on the bench, the country now faces what is sure to be another bitter supreme court battle. cnn's jessica schneider starts us off this morning in washington. >> this is a retirement progressive groups have been pushing for the past year. but justice breyer brushed aside those calls last june, but now with just mon

america is more perfect union today because of a justice steven breyer. and of course judge byers legacy extends beyond even his remarkable time on the court. on the supreme court. a set of 13 years down the u.s. court of appeals for the circuit before that easter for ofeight years as a member of the army reserve. and of course at members of this chamber cannot forget he was once part of the senate itself serving as an aid on the judiciary committee in the 70s where hee worked closely with our dear friend the late senator ted kennedy. every step of the way he essential self, decent, brilliant, dedicated to our democracy. now, within a vacancy on the court, president biden will have an opportunity to make history by nominating the first ever black woman to serve on the supreme court. i amo confident that the president will select an outstanding individual to fill justice breyer's seat. and we intend to move quickly on our constitutional duty to act on its nominee when announced. i can assure all senators that the senate will have a fair process that moves

justice stephen breyer is stepping down, and we had reported to you that justice breyer would be stayinge term, june or july, would be around then. then there was a lot of political talk from the white house and now we will hear from the president about who he would like to nominate, a black woman, and then progressive groups clapping and saying, that's terrific. it comes down to merit and all of that, but that's first. and now all of a sudden, stephen breyer is leaving the u.s. supreme court more immediately than the end of the term. but we will let the president of the united states make this announcement. we understand with the justice alongside him, and we will be able to see and hear for ourselves exactly what's happening. what we may never know is the drumbeat and whether or not that had a role in all this come up progressive groups with their signs saying, stephen breyer retired. and all of that. we may never know if it did. we know from our own reporting, shannon bream and others, though there was a modicum of surprise with justice yesterday and that it came out yesterday but the

you obviously have some friendship with justice breyer, so, first, tell me your reaction to justice breyeris legacy? >> well, todd, first, it's going to be with you. what a giant of a jurist on the court. as has already been pointed out, he's very talkative, in that he can have a great conversation on just about any subject. i will always cherish the time with him, where we had a chance to talk about everything -- except pending supreme court cases, just about everything else. he's a great legacy on the court. he'll be there until his successor is confirmed. we will miss his presence and his style. not only his substance, but the way he was able to operate on the supreme court. >> walk us through a bit of the expected timing here. i know they see are not all your decisions, but is this something -- let me ask you this -- should we expect confirmation hearings after the state of the union at this point? would it surprise you if they were before the state of the union which is on march 1st? >> until president trump, the normal process was abandoned altogether. normally there would be a perio

nbc news is reporting that justice breyer is

there has been no announcement from justice breyer. let him make the statement he is going to make and i will be happy to talk about that later. >> nbc news now reports biden will appear with breyer at the white house tomorrow this will be biden's chance to put his own imprint on the highest court in the land and it brings a much-needed opportunity for his white house to bring the focus off of their stalled domestic agenda. nbc news reports that biden, quote, learned of breyer's retirement in the middle of last week and is senate democrats have also vowed to act swiftly. remember, amy coney barrett's nomination took just 27 days, a much faster process than usual. but even though democrats hold a majority in the senate, and republicans won't be able to use the filibuster, because they changed it for supreme court nominees in 2017, biden's pick is not guaranteed as an easy confirmation. >> we want to be deliberate. we want to move quickly and we want to get this done as soon as possible. >> does your party intend to block the presidents'

we know justice breyer had been deciding that. they said we want to name a black woman to the court and they probably had their list ready. it's one way for joe biden to turn the page, to say to black leaders, look, we really didn't get what we wanted on voting rights, but i am going to do this and i'm not going to stand down. i was talking to someone today who has been involved in the past in such confirmations who said they want to have these hearings as quickly as you humanly possible. >> maggie, president biden has been looking for a reset, as they say. how badly did the white house need this moment? >> they needed it, wolf. they clearly have had a significant slippage in the polls. they've been struggling legislatively, and democrats are feeling disillusioned. this is the kind of thing that comes along in a term that changes potentially anyway the way the sitting president's party is feeling about the party, about how the white house is doing. this is a galvanizing moment. there are a couple of moments that can be galvanizing

the retirement of stephen breyer.s meant to the bench and how president biden's pick to replace him will help shape american democracy in the years to come. >>> later in the hour, confirmation from the department of justice that those fake slates of electors who were a critical part of the ex-president's effort to overturn the election are now under criminal, or federal investigation. deadline white house continues after a quick break. don't go anywhere. hteouse conts after a quick break. don't go anywhere. >>> during the campaign, president biden stated that he would choose a black woman as his choice for the supreme court and i expect he'll follow through on that. in the senate, we want to be deliberate. we want to move quickly. we want to get this done as soon as possible. >> no word yet from the white house on who exactly president biden will nominate to be on the supreme court, but senate democrats are already gearing up for what will be an historic effort. regardless of who the pick is to replace justice breyer,

second thing is breyer, i feel breyer was good. i i didn't agree with everything but basically he served the courts and it worked out well. and just one last thing. the pandemic, i would love it if c-span could find somebody who lived during the depression to share their experience of what it's like now with the pandemic . thank you, thank you. >> this is the washington times this morning the headline. mcconnell urges biden to avoid radical left in picking justices. part of the statement from the senate republican leader says this, the american people selected a senate that is evenly split at 50-50 to the degree that president biden received a mandate to govern from the middle to secure our institutions and unite america. the president must not outsource this decision to the radical left. the people deserve a nominee with a demonstratedreverence for the written text of our laws and our constitution. let's hear from maryland in columbus ohio on the republican line , go ahead turn down your volume and go ahead with your comments. >>

now the question becomes who will be justice breyer's replacement?resident biden says he will reveal his choice by the end of february and that the nominee will be a black woman. >> the person i will nominate will be someone of extraordinary qualifications, character, experience, and integrity. that person will be the first black woman ever nominated to the united states supreme court. it's long overdue, in my view. i made that commitment during the campaign for president, and i will keep that. in the end, i will nominate a historic candidate, someone who's worthy of justice breyer's legacy and someone, who like justice breyer, will provide incredible service on the united states supreme court. >> breyer's announcement today takes his relationship with the president full circle in a way. then senator biden presided over breyer's confirmation hearings in 1994. let's go now to cnn white house correspondent m.j. lee. the president, he made it clear he's not chosen his nominee to the court yet. so, what happens now? >> reporter: that's right. though it i

president biden names a nominee to replace justice breyer on the supreme court. we just learned this evening that the president plans to formally do so in terms of announcing breyer's retirement, tomorrow. >>> justice stephen breyer, the oldest member of the supreme court will retire at the end of the court's current term. at 83 years old, the liberal justice had been under pressure to step down present biden his first opportunity to pick a successor. the president says the timing was left to breyer to decide. >> every justice has the right and opportunity to decide what he or she is going to do and announce it on their own. there have been no announcements for justice breyer, let him make whatever statement he's going to make and i will be happy to talk about it later. >> reporter: appointed by president bill clinton, in 1994, breyer is the second longest-serving of the current justices, the and clarence thomas, who joined in 1991. the courts current term runs until the end of june. president biden is expected to name his pick for justice breyer's replacement in

justice breyer justice breyer, do you think it makes a difference, when you step down?y. i mean, i don't know for sure. no one ever knows. and to what extent you take that kind of thing into account, it's a personal decision. justice scalia, justice rehnquist have said, you do take that kind of thing into account. others have been more reluctant to do it. so it's in the mix. >> woodruff: so, marcia, what would you say is the main reason he's doing this right now? >> reporter: i'm not sure, knowing him, he was really ready to go wholeheartedly because i think he truly loes the job and loves the challenges, but, you know, he's 83, he is alert, active, involved in many different things, so probably that ao was in the mix that there are other things he wants to do, as well as his family. he has a number of grandchildren and perhaps he wants to spend more time with them. >> woodruff: what does the court lose with his departure? >> i think they lose somebody who truly tried to be a consensus-maker, someone, who, as he once told me, listens very hard when the justices talk in

her article today about stephen breyer's were tire meant is titled, the deep irony of stephen breyer's bare knuckled exit from the supreme court. i think about stephen breyer in a lot of different way. i never, ever think about his knuckles, bear or otherwise. dahlia, it's great to see you. thank you for being here. >> it's good to be here on a day, rachel, when everyone is a little bit giddy. it's so rare, i feel, to have good news. >> it's also history. i get like this about state of the union and stuff. there are just some things, at least from the news business side of it, we are about to get a supreme court nominee. if you are lucky, that happens one time in your career when you have the honor and the responsibility of getting to cover the news. it is always a huge deal, whether you love the nominee or not. this is a big deal. this is varsity level news. and it is thrilling. and also, i have to say, it is a pleasure to be able to cover this, knowing that stephen breyer, justice breyer, has chosen to leave on his own terms. we are not covering him because he passed away, we are not

breyer, welcome. we are delighted to have you here. >> nearly 28 years later, biden picked breyer's replacement. >> let him make whatever statement he is going to make, and i will be happy to talk about it later. >> progressives are celebrating. congressman mondaire jones writes we can't risk losing yet another seat on the high court to the radical anti-democracy right which why i was the first member of congress to call on justice breyer to he radio tire nearly a year ago and why i commend his decision to do so today. republicans have a warning. senator john cornyn says there will be immense pressure from the radical left to replace justice breyer with a partisan who will legislate from the bench. as a super charged political fight looms, president biden's short list is secret. >> supreme court? >> he has promised to nominate a black woman. >> i'm looking forward to making sure there is a black woman on the supreme court to make sure we in fact get every representation. not a joke. not a joke. i push

breyer has chosen to leave on his own terms. covering him because he passed away or not covering because he was forced out with some difficult circumstances, it does seem like he left on his own terms. >> he did. i will say, i'm a little sad for him, rachel, and i know we've talked about it a bunch, you know, and i sat on even on this show, there's no point in asking justice breyer if judges are partisan and political because it's like asking the easter bunny if there is such a thing as the easter bunny, he believes so deeply in this notion that the justices are not partisan, that the court is something bigger, something better than that, and you know, in a weird way, there's a quality that is so aspirational and ellegeic at the same time, and i guess that is my white knuckle reference in my piece, but in a weird weird way, because he's pulling the rip cord, this is early, this is a very political move, to give the biden white house an ability to fill his seat before any shenanigans as you and senator klobuchar talked about coul

ident biden with justi breyer at the white house. never misses.not gonna. subway keeps refreshing and refreshing and re... maybe it's another refill at your favorite diner... or waiting for the 7:12 bus... or sunday afternoon in the produce aisle. these moments may not seem remarkable. but at pfizer, protecting the regular routine, and everyday drives us to reach for exceptional. working to impact hundreds of millions of lives... young and old. it's what we call, the pursuit of normal. ♪ ♪ the pandemic made teaching and learning really hard. but instead of working to help students safely return to the classroom, the san francisco school board focused on renaming schools and playing politics. and they've even saddled our district with a $125 million deficit. our children can't wait for new leadership. here's our chance for a fresh start. on february 15th, please recall school board members collins, lópez and moliga before our kids fall even further behind. what happens when you block heartburn with one prilosec otc in the morning? before our kids f

now he gets to pick breyer's successor. cbs' ed o'keefe joins us. this is very significant. >> reporter: that's right, norah. while it was widely expected that breyer would announce his retirement later this year, by the end of the court's term, the fact that it leaked now, even before he was able to tell some supreme court colleagues, gives the white house and the democratic-controlled senate more time to consider nominees, make the pick and hold hearings, and it gives time should the first pick be rejected and they need to pick someone else. by nominating a black woman the president hopes to motivate his party's base and show them he made good on a campaign pledge. >> o'donnell: and ed, what are you hearing from the hill about how quickly they want to move forward on this? >> reporter: well, it depends on the president. we know he has blown through self-imposed deadlines before, especially when making big decisions. sources tell us the west wing was fielding calls today from several key allies and lawmakers about specific nominees. once the presid

committee during breyer's 1994 confirmation.res. biden: i was proud and grateful to be there at the start of this diinguished career on the supreme court. and i'm very proud to be here today. geoff: the nomination will be one of the most consequential choices of biden's presidency and could offer him a political lifeline ahead of the 2022 midterm elections, breyer's retirement giving the president a chance to nominate his first supreme court justice, a history-making selection, while reinforcing the high court's liberal minority. for the "pbs newshour," i'm geoff bennett in washington. judy: it is not known exactly when president biden will select his supreme court nominee, but the senate confirmation battle is already taking shape on capitol hill. here to explain how it could all play out is congressional correspondent lisa desjardins. so, hello, lisa. we know this is happening, as we know, at a time when there is a 50/50 divided senate. what is the processwhat does t process look like that we should expect to see? lisa: well,

. >>> president biden and justice stephen breyer making it official. justice breyer will retire, and president biden and what he said today about the person he will nominate to the court. the first black woman to serve on the high court. and what justice breyer said about the deep divides in this country and his optimism about the country's future. in his own words tonight. mary bruce at the white house tonight, rachel scott on the hill. >>> millions of americans on alert tonight. what could be a major nor'easter. tonight, it all depends on the track just how much snow there will be. virginia already declaring a state of emergency. philadelphia, new york, boston, the cape all preparing. some areas bracing for up to two feet of snow. winds 60 miles per hour. rob marciano with the newest potential tracks. >>> tonight, russia now responding to the u.s. what the u.s. put in writing, making no promise that ukraine would never join nato. but what russia said about that today and ian pannell in ukraine again tonight. >>> news on the pandemic here at home. and

yesterday, justice stephen breyer announced his plans to retire. he'll step down at the end of the current term this summer, but it is anyone's guess if his replacement will have bipartisan support. bradley blackburn is in new york with more on this. good morning, bradley. >> good morning. certainly don't count on broad bipartisan support. you know, when justice breyer was confirmed, 87 senators voted yes. but times are different now. in this 50/50 senate, democrats should have the votes they need to approve president biden's pick for the supreme court. >> i will select a nominee, worthy of justice breyer's legacy, excellence, and decency. >> reporter: president biden says he will choose a supreme court nominee to replace justice stephen breyer by the end of february. >> the person i will nominate will be someone with extraordinary qualifications, character, experience and integrity, and that person will be the first black woman ever nominated to the united states supreme court. >> reporter: at the white house yesterday, justice breyer spoke about

breyer quickly established himself as one of the supreme court's moderate liberals, who believed that interpreting the constitution must be practical, changing with the times >> the reason that i do that is because law in general, i think, grows out of communities of people who have some problems they want to solve. >> reporter: he wrote the court's opinion striking down a state law that bans some late-term abortions. he supported affirmative action and other civil rights measures and in a widely noted dissent in 2015, he said the death penalty in america had become so arbitrary that it was probably unconstitutional. >> his real legacy probably is trying to take the law in a pragmatic direction. he wanted the law to work he didn't want just abstract legal rules that made no sense in the real world >> reporter: justice breyer will be around at least until late june when the term ends voting on the challenge to abortion rights and roe v. wade as well as cases on gun rights and religious freedom, one of the most important terms in years >> pete, you broke this story what do we know about

robin landhart former law clerk of justice breyer.nks so much you worked so closely with him what was his impact on this court in your estimation >> i think for this court, the impact the justice has had has been tremendous. first of all, he's had many important decisions across the time of his time at the court. but beyond that, i think behind the scenes what people can't see is the role that the justice plays in connecting with his fellow justices, trying to work through problems, trying to get to consensus on issues i know recently there have been a lot of discussion about the justices and difficulties that they may be having i know justice breyer, his whole -- his entire period at the court has been about trying to come to consensus and move forward in a positive way. >> in a 2001 interview, you said his legacy will be trying to bring people on the court together across all perspectives and across all politics. did he continue to accomplish that even when our situation got a lot more polarized >> i think that he certainly continue

supreme court justice stephen breyer is expected to announce he's stepping down. candidates to replace him and why it would be historic. >>> diplomatic discussions. the u.s. offers a way out for russia as it threatens to invade ukraine. what may impact the timing of a possible attack. >>> bracing for a nor'easter. major snow and hurricane-force winds could hit the northeast this weekend. the preparations under way for the big storm. >>> good morning, and good to be with you. i'm anne-marie green. we begin with the expected announcement today from supreme court justice stephen breyer

was first nominated. >> this is sort of a bittersweet day for me justice breyer and i go back a long way >> reporter: and now describing who he will pick to replace him. >> the person i will nominate will be someone with extraordinary qualifications, character, experience, and integrity. and that person will be the first black woman ever nominated to the united states supreme court. it's long overdue in my opinion >> reporter: thought to be atop the short list, judge ketanji brown jackson, on the powerful federal appeals court here in washington a 51-year-old harvard law graduate who was confirmed with bipartisan support just last year and 45-year-old california supreme court justice leondra kruger along with j. michelle childs, a federal judge from south carolina breyer hand-delivering his retirement letter to the president today, saying he wil serve until the end of the court's term the president's supporters hoping it's a chance for a political reset with his legislative priority stalled bu republicans are pushing back >> they're trying to use this to distract from what is their f