Breyer speaks about his method to judging and the worth of various expertise


SCOTUS NEWS
two men seated, speaking, on stage

Justice Stephen Breyer spoke Thursday on the Legislation Library of Congress. (Library of Congress)

Sitting on the fringe of his seat on stage on the Legislation Library of Congress Thursday afternoon, soon-to-be-retired Justice Stephen Breyer was exuberant and humble as ever about his work on the court docket. Jeffrey Minear, the counselor to Chief Justice John Roberts, spoke with Breyer about his tenure — and his books — for an annual lecture sponsored by the Supreme Courtroom Fellows Program.

Minear started by asking about modifications to the court docket since Breyer clerked for Justice Arthur Goldberg within the 1964-65 time period. The justice laughed, “Effectively there are in fact modifications in character.” However in that interval, he mentioned, the court docket functioned on a mission. “There’s no cause that you must have a court docket constructed round an concept,” he mentioned, “that isn’t higher, and it isn’t worse.” In a while, he mentioned, issues modified. “And since I’ve been on the court docket, 27 years, you kind of simply did your job, determined the circumstances.”

The dialog turned to range of expertise on the court docket. Eight of the 9 present justices attended legislation faculty at both Harvard or Yale, and most honed their abilities working on the Division of Justice or at elite East Coast legislation companies. As President Joe Biden conducts his seek for Breyer’s alternative, some lawmakers have urged the president to appoint a successor with a extra various resume. Breyer appeared to agree. Chief Justice Earl Warren’s expertise as a profitable politician who was elected thrice because the governor of California, he mentioned, in all probability helped Warren obtain a unanimous end in Brown v. Board of Training.

“A breadth of expertise is useful. I’m fairly certain. I can’t show it.”

Breyer moved to explaining how he approaches a case, from studying the briefs to writing an opinion. He emphasised that, at every stage, he’s on the lookout for what he doesn’t know, seeking to be taught one thing. This, he admitted with amusing, has led to “some fairly bizarre questions.” The worst one, he mentioned, was when, in a trademark case, he requested counsel to think about he had a comb within the form of a grape. “That didn’t work.”

All through the discuss, Breyer referenced his well-known love of assembly with college students of all ages. The justice pulled his pocket Structure from his swimsuit jacket. “Principally, it’s a boundary-setting doc,” one which leaves most issues as much as the general public to resolve by democratic processes. And, he mentioned, “In the event you don’t take part, this doc gained’t work.”

Breyer known as on judges to think about the worldwide scale of their selections and to remain concerned within the humble day-to-day of judging. In the end, he mentioned, “Simply do your job.” Laughing, he added that his father advised him that and: “Keep on the payroll!”

When requested what he hoped to see when “trying up on the bench” after his retirement, Breyer dodged the substance of the query. As an alternative, he spoke of his perception in a authorized occupation unified in resolving points beneath the rule of legislation. “I hope to see people who find themselves trying down and seeing the identical factor I’ve seen for 27 years. That’s what I hope! I actually hope that.”


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