President Biden Invites Justice Breyer To Stay In The Lincoln Bedroom

Justice Breyer today officially announced his retirement by writing a letter to President. Breyer is not a simple man, as usual. Breyer’s retirement depends on several conditions. Breyer said that his decision would take effect at the Court’s summer recess, which is typically in late June or early juillet. However, I assume that my successor will have been elected and confirmed by then. Breyer is still on the Court, at least for the next five or more months.

Breyer was later seen at the White House with President Obama in the Roosevelt Room. Breyer spoke briefly and ramblingly about the Gettysburg Address. The President then invited Justice Breyer’s wife, Justice Breyer, to stay a night at Lincoln Bedroom. It has a copy of the Gettysburg Address that was handwritten.

I immediately thought of the controversy surrounding President Clinton’s reward for donors by giving them stays in his Lincoln Bedroom. Next, I thought of the Supreme Court cases that the United States has pending, as both a party or as an amicus. Justice Breyer isn’t yet retired. Breyer will not step down until the end, let’s be honest. It is well-known that resignation announcements can be changed or canceled.  To me, offering a night at the White House to an enthroned Supreme Court Justice is problematic.

Breyer might have an example to follow. Do you remember Justice Scalia’s hunting trip in the company of Vice President Cheney. Scalia vigorously supported his independence. Scalia did not disagree with Scalia. He believed that his actions were different from those of a White House gathering.

However, the main point is that Social Courtesies provided by Government officials, whose sole business before Court is their business as official, are not prohibited. When space permits, members of Congress or others can often be invited to join Executive Branch officials on government planes. The Ethics in Government Act of 1978 (5 U. S. C.. App.) suggests that this gift does not affect the impartiality of a judge. §101 et seq.The requirement to report annually on transportation used or reimbursed is outlined in, 38. However, it does not include transportation provided by the United States. See §109(5)(C); Committee on Financial Disclosure, Administrative Office of the U. S. Courts, Financial Disclosure Report: Filing Instructions for Judicial Officers and Employees, p. 25 (Jan. 2003). In a hypothetical auction for charity, I would wager that dinner for two at White House and a flight from the vice president’s plane to Louisiana could be worth more than a meal for one.The former is accepted by the Justices with regularity. The matter was in limbo, but Justices and spouses were invited to attend (All of them, I believe) to a December 11, 2003, Christmas reception at the residence of the Vice Presi-dent—which included an opportunity for a photograph with the Vice President and Mrs. Cheney. Numerous Justices attended and were in complete compliance with the proprieties.

Biden didn’t invite every Justice. Biden invited one Justice to a private visit.

Justice Breyer won’t likely accept Biden’s offer. It is possible that the White House will withdraw this offer.