Stephen Breyer

The U.S. Supreme Court heard arguments Wednesday from the state of Oklahoma about why they should be able to prosecute certain cases when they occur on tribal reservation lands that were previously affirmed by the High Court.

In a White House remarks, Breyer seemed to acknowledge some of the challenges facing the country, quoting the Gettysburg address and professing hope in the future of American democracy.

At a White House event with Breyer, President Biden said it was his intention is to name a nominee to replace him by the end of February.

With Justice Stephen Breyer stepping down, President Biden has his first nomination to the high court. He campaigned on picking a Black woman for the lifetime appointment.

Behind the scenes, Breyer, 83, pushed and prodded his fellow justices for consensus. His decision gives President Biden his first opportunity to name a new justice to the court.

But the justice was philosophical about the outcome: "I wrote a dissent — and that's the way it works," he said. The decision was part of what court watchers call the "shadow docket."

In an interview with NPR, the 83-year-old said: "When exactly I should retire, or will retire, has many complex parts to it. I think I'm aware of most of them, and I ... will consider them."

They want President Biden to appoint a young liberal to replace the 82-year-old justice. But Breyer has publicly shown no indication of whether he will stay or go.

Democratic lawmakers and activists are urging the justice to step down in time to allow a narrow Democratic majority in the Senate to confirm a replacement.

Conservatives now have a 6-to-3 majority — a vote to spare on any given issue. Experts expect the new majority to move aggressively on an agenda more conservative than any seen since the 1930s.