Supreme Court Justice Stephen Breyer intends to retire at the end of the 2022 term, after almost three decades of service on the high court. Breyer, a regular liberal vote on the bench who was nominated by President Bill Clinton, sat down twice with Miller Center scholars in 2008 as part of the Edward M. Kennedy Oral History Project.

Here, some excerpts of Breyer reflecting on his nomination:

Stephen Breyer: I think what [Edward Kennedy] did the first year when I was not appointed, I think he brought my name to the attention of the White House. 

James Young (UVA political scientist): Certainly he did.

Breyer: I know he did. He had a big book that he wanted me to prepare, Carey [Parker, Kennedy's chief legislative assistant] got me to prepare, about everything I’d ever done. I sent Carey the book, and they had everything I had done there, and I’m sure he gave that book to Clinton. Then Clinton paid attention to it. I know that.

Breyer: For the Supreme Court, I flew down. It had its moments. President Clinton called, and I didn’t know if he was calling with good news or bad. I’d been waiting there in my office. Bernard Shaw—we saw him on television—said, "They’re going to nominate Judge Breyer." Then I heard nothing for three hours. [My wife] Joanna, who was in England because her mother wasn’t well, called and said, "Have you heard anything?" I said, "No. We’ve been through this before." I told my children, "Don’t be disappointed." They’re saying this on television, but no one’s told me. I hadn’t been down there, or part of it, or anything. Then the president called, and that was fine. I go outside—

Young: So it was leaked.

Breyer: Yes, late in the afternoon. He said, Would I come down? He’d gone off and done some other thing and come back. I think he had a speech at Gallaudet, and our Governor, Deval Patrick, had been there. Deval says the president was standing next to him in the men’s room, and he said to Deval, whom he knew was from Massachusetts, "Do you know Steve Breyer?" And Deval Patrick said, "Oh, yes, I do. He’s great." The president said, "Well, I’m going to nominate him to the Supreme Court." And Deval said, "Good." I thought, Well, it’s a good thing he wasn’t standing next to Ralph Nader. [laughter] 

Breyer: I’m confirmed, I’m at Logan Airport, and I’m flying back with Senator Kennedy. We get off the airplane and we’re walking down the area there in front of the lobby, and a reporter comes up from a Jewish newspaper, and says to me, "How do you feel about two Jews being on the Supreme Court?" Kennedy sort of mutters to me, "Fine." I said, "Fine." Just like that. "Fine!" You know, "Fine!" It’s not a big deal. It’s fine. That’s Kennedy’s instant reaction. 

You see, that’s a political reaction, knowing precisely what to say. That also is not just that it’s the right thing to say from a political point of view, but it tells you in the tone of voice a whole story of Jews in America. That’s where we’re trying to end up. We’re trying to end up where, from the point of view of race, the point of view of religion, the point of view of national origin, "Of course. Why shouldn’t there be two Jews on the Supreme Court? What are you talking about?" And we’re approaching that with race. 

You see, in that tone of voice, it’s not just a political reaction, it’s also a statement of a goal. And the goal is a very good thing for the country. I can use that story about him in order to tell people something about the position of race and religion in America, and the progress. I just told that to a person who is a rapporteur from Senegal for some U.N. Committee on Human Rights. He’s investigating racism in America. We had lunch. I told him that story. He says, "You’re right! That’s the goal." 

READ MORE FROM BREYER'S FIRST ORAL HISTORY

READ MORE FROM BREYER'S SECOND ORAL HISTORY