On July 24, 1997, Breyer was nominated by President
Bill Clinton to a seat on the
United States District Court for the Northern District of California vacated by
D. Lowell Jensen. He was confirmed by the
United States Senate on November 8, 1997, and received his commission on November 12, 1997. He took senior status on December 31, 2011. He served as a member of the
United States Judicial Conference from 2006 to 2010. He served as a Member of the United States
Judicial Panel on Multidistrict Litigation from 2011 to 2018. He served as vice chair of the
United States Sentencing Commission from 2013 to 2016 and as a member of the same commission from 2017 to 2022. Stephen Breyer has recused himself from appeals of cases tried by his brother, including
Olympic Airways v. Husain,
Department of Housing and Urban Development v. Rucker,
United States v. Oakland Cannabis Buyers’ Cooperative,
Monsanto Co. v. Geertson Seed Farms,
Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds and
City and County of San Francisco v. Sheehan.
Notable cases • Breyer presided over the
Ed Rosenthal trial in 2007, a federal prosecution for distribution of marijuana for medical use. This case was controversial because Breyer sentenced Rosenthal, who faced a possible sentence of 100 years for growing marijuana, to just one day in prison. He also presided over the stock-options backdating trial of
Brocade Communications Systems CEO
Gregory Reyes in 2007. • In 2014, he ruled against the city of San Francisco's legislation to protect tenants from Ellis Act evictions. He presided over the 2014 criminal case involving San Francisco police theft and racist texting, in which his court order was blamed for the delay in releasing information. • Following the
Volkswagen emissions scandal, Breyer had approved a $16.5 billion settlement for US consumers. Volkswagen agreed to redeem an estimated 475,000 diesel automobiles in the US. • In June 2025, he ruled against the
Trump administration's federalization of the
California National Guard in
Newsom v. Trump, but the administration appealed and a stay of the ruling was issued hours later. Later, he ruled that the administration could not use National Guard or military troops for civilian law enforcement in California. On December 10, 2025, Breyer issued a ruling ordering the National Guard deployment in
Los Angeles to end and that control of the Guard be returned to California Gov. Gavin Newsom. On December 12, an appellate court upheld Breyer's order to end the deployment, but ordered that the troops remain under the Trump administration's control.
Articles of Impeachment On June 27, 2025 Rep. Randy Fine of Florida's 6th district filed House Resolution 556, articles of impeachment against Senior District Judge Charles R. Breyer, "for high crimes and misdemeanors." ==Personal life==