Supreme Court Justice Stephen Breyer to retire, giving Biden a chance to nominate a replacement

U.S. Supreme Court Associate Justice Stephen Breyer is seen during a group portrait session for the new full court at the Supreme Court in Washington, November 30, 2018.

NBC News reported Wednesday that the Supreme Court will be without a liberal justice when Stephen Breyer retires.

The oldest member of the court is 83 years old. He took his seat in 1994 after Bill Clinton nominated him.

After the Senate confirmed three nominees of former President Donald Trump, the high court will have a 6-3 conservative majority, which shows a willingness to wade into divisive cultural issues and question long-standing judicial precedent.

NBC didn't immediately report when or if Breyer will step down or if he will do so prior to the elections in 2022.

If Republicans take control of the Senate in January, they could endanger Biden's nomination.

It has always been the decision of any Supreme Court Justice if and when they decide to retire, and how they want to announce it, according to the White House press secretary.

We have no more information to share from the White House.

A spokeswoman for the Supreme Court didn't respond to CNBC's request for comment.

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