Serving as a justice on the U.S. Supreme Court means you have reached the apex of the appellate world. Although it may not be the perfect job for everyone, for the vast majority of appellate practitioners it is difficult to conceive of any better way to spend one’s working hours. But if there is any “worst” aspect of serving as a U.S. Supreme Court justice, it must be when those most closely aligned with your views and principles have decided, and have begun to publicly proclaim, that the time has arrived for you to retire.

Welcome to Stephen G. Breyer’s world. He always was and remains too staid to ever reach rock star status. He is a bit too moderate, and pro-corporate interest, to constitute the perfect, stereotypical liberal Democratic appointee. And during oral argument, he has a penchant for asking never-ending questions that threaten to lull the advocate to sleep before finally pausing to request an answer.