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Encyclopedia > Stephen Breyer
Stephen Gerald Breyer
Stephen Breyer

Incumbent
Assumed office 
August 3, 1994
Nominated by Bill Clinton
Preceded by Harry A. Blackmun
Succeeded by Incumbent

Born August 15, 1938 (1938-08-15) (age 69)
San Francisco, California
Spouse Joanna Freda Hare
Alma mater Stanford University
University of Oxford
Harvard University
Religion Jewish

Stephen Gerald Breyer (born August 15, 1938) is an American attorney, political figure, and jurist. Since 1994, he has served as an Associate Justice of the U.S. Supreme Court. Known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court.[1] Image File history File linksMetadata Stephen_Breyer,_SCOTUS_photo_portrait. ... Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States. ... For the ecclesiastical office, see Incumbent (ecclesiastical). ... is the 215th day of the year (216th in leap years) in the Gregorian calendar. ... Year 1994 (MCMXCIV) was a common year starting on Saturday (link will display full 1994 Gregorian calendar). ... William Jefferson Bill Clinton (born William Jefferson Blythe III[1] on August 19, 1946) was the 42nd President of the United States, serving from 1993 to 2001. ... Harold Andrew Blackmun (November 12, 1908 - March 4, 1999) was an Associate Justice of the Supreme Court of the United States from 1970 to 1994. ... is the 227th day of the year (228th in leap years) in the Gregorian calendar. ... Year 1938 (MCMXXXVIII) was a common year starting on Saturday (link will take you to calendar). ... This page is a candidate for speedy deletion. ... Official language(s) English Capital Sacramento Largest city Los Angeles Largest metro area Greater Los Angeles Area  Ranked 3rd  - Total 158,302 sq mi (410,000 km²)  - Width 250 miles (400 km)  - Length 770 miles (1,240 km)  - % water 4. ... “Stanford” redirects here. ... The University of Oxford (usually abbreviated as Oxon. ... Harvard University (incorporated as The President and Fellows of Harvard College) is a private university in Cambridge, Massachusetts, USA and a member of the Ivy League. ... The word Jew ( Hebrew: יהודי) is used in a wide number of ways, but generally refers to a follower of the Jewish faith, a child of a Jewish mother, or someone of Jewish descent with a connection to Jewish culture or ethnicity and often a combination... is the 227th day of the year (228th in leap years) in the Gregorian calendar. ... Year 1938 (MCMXXXVIII) was a common year starting on Saturday (link will take you to calendar). ... The United States Constitution, the supreme law of the United States The United States Reports, the official reporter of the Supreme Court of the United States The law of the United States was originally largely derived from the common law of the system of English law, which was in force... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      Politics of the United States takes place in a framework of a presidential... The United States federal courts are the system of courts organized under the Constitution and laws of the federal government of the United States. ... Associate Justice or Puisne (pronounced puny) Justice is the title for a member of a judicial panel who is not the Chief Justice. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries  Atlas  Politics Portal      The Supreme Court of the United States (sometimes colloquially referred to by the acronym... Pragmatism is a school of philosophy which originated in the United States in the late 1800s. ... Look up liberal on Wiktionary, the free dictionary Liberal may refer to: Politics: Liberalism American liberalism, a political trend in the USA Political progressivism, a political ideology that is for change, often associated with liberal movements Liberty, the condition of being free from control or restrictions Liberal Party, members of...


Following a clerkship with Supreme Court Associate Justice Arthur Goldberg in 1964, Breyer became well-known as a law professor and lecturer at Harvard Law School starting in 1967. There he specialized in the area of administrative law, writing a number of influential text books that remain in use today. Other prominent positions before being nominated for the Supreme Court included serving as special assistant to the United States Assistant Attorney General for Antitrust and an assistant special prosecutor on the Watergate Special Prosecution Force in 1973. In the United States, Canada and Brazil, a law clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. ... This article or section does not cite any references or sources. ... Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies... Many of the divisions and offices of the United States Department of Justice are headed by an Assistant Attorney General. ... A special prosecutor is a lawyer from outside the government appointed by the attorney general or Congress to investigate a federal official for misconduct while in office. ... The Watergate scandal was a 1972 break-in at the Democratic National Committee headquarters at a Watergate Office Building in Washington, D.C. by members of Richard Nixons administration and the resulting cover-up which led to the resignation of the President. ...


Breyer is currently known as an intellectual leader of the liberal wing of the Supreme Court, and particularly as a counter to the conservative Justice Antonin Scalia. In his 2005 book Active Liberty, Breyer made his first attempt to systematically lay out his views on legal theory, arguing that the judiciary should seek to resolve issues so as best to encourage popular participation in governmental decisions. His views and approach have been described by others as pragmatic but also deferential to the legislative branches. Antonin Gregory Scalia (born March 11, 1936[1]) is an American jurist and the second most senior Associate Justice of the Supreme Court of the United States. ... Active Liberty (subtitled Interpreting Our Democratic Constitution) is a 2005 book by United States Supreme Court Justice Stephen Breyer. ... The Politics series Politics Portal This box:      In law, the judiciary or judicial is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ...

Contents

Early life and education

Breyer was born to Irving Gerald Breyer and Anne A. Roberts,[2] a middle-class Jewish family in San Francisco, California. Breyer's father was legal counsel for the San Francisco Board of Education.[3] Breyer's younger brother Charles is an Eagle Scout and federal district judge.[4][5] In 1955, Breyer graduated from Lowell High School. At Lowell, he was a member of the Lowell Forensic Society and debated regularly in high school debate tournaments, including against California governor Jerry Brown and future Harvard Law School professor Laurence Tribe.[6] This article is about the socio-economic class from a global vantage point. ... For other uses, see Jew (disambiguation). ... “San Francisco” redirects here. ... Lowell High School (San Francisco) Lowell High School, a public magnet school in San Francisco, is the oldest public high school west of the Mississippi. ... The Lowell Forensic Society, founded in 1892, is the oldest high school speech and debate team in the nation and also the largest organization at Lowell High School in San Francisco, California. ... Governor Arnold Schwarzenegger (left) and Governor Gray Davis (right) with President George W. Bush in 2003 The Governor of California is the highest executive authority in the state government, whose responsibilities include making yearly State of the State addresses to the California State Legislature, submitting the budget, and ensuring that... For the whistleblower, see Gerald W. Brown. ... Harvard Law School (colloquially, Harvard Law or HLS) is one of the professional graduate schools of Harvard University. ... Laurence Henry Tribe (born October 10, 1941) is a professor of constitutional law at Harvard Law School and the Carl M. Loeb University Professor. ...


After graduating from Lowell, Breyer went on to receive a Bachelor of Arts in philosophy from Stanford University, a Bachelor of Arts from Magdalen College at the University of Oxford as a Marshall Scholar, and a Bachelor of Laws (LL.B) from Harvard Law School. Breyer is also fluent in French. A B.A. issused as a certificate Bachelor of Arts (B.A., BA or A.B.), from the Latin Artium Baccalaureus is an undergraduate bachelors degree awarded for either a course or a program in the liberal arts or the sciences, or both. ... The philosopher Socrates about to take poison hemlock as ordered by the court. ... “Stanford” redirects here. ... A B.A. issused as a certificate Bachelor of Arts (B.A., BA or A.B.), from the Latin Artium Baccalaureus is an undergraduate bachelors degree awarded for either a course or a program in the liberal arts or the sciences, or both. ... College name Magdalen College Latin name Collegium Beatae Mariae Magdalenae Named after Mary Magdalene Established 1458 Sister college Magdalene College, Cambridge President Professor David Clary FRS JCR President Jessica Jones Undergraduates 395 MCR President Eloise Scotford Graduates 230 Location of Magdalen College within central Oxford , Homepage Boatclub Magdalen College (pronounced... The University of Oxford (usually abbreviated as Oxon. ... The official logo of the Marshall Scholarship is a blended image of the US and UK flags. ... The degree of Bachelor of Laws is the principal academic degree in law in the majority of common law countries other than the United States, where it has been replaced by the Juris Doctor degree. ... Harvard Law School (colloquially, Harvard Law or HLS) is one of the professional graduate schools of Harvard University. ...


In 1967, he married Hon. Joanna Freda Hare, a psychologist and member of the British aristocracy (the youngest daughter of John Hare, 1st Viscount Blakenham). The Breyers have three grown children, Chloe (an Episcopal priest, and author of The Close), Nell, and Michael.[7] Year 1967 (MCMLXVII) was a common year starting on Sunday (link will display full calendar) of the 1967 Gregorian calendar. ... A psychologist is a scientist and/or clinician who studies psychology, the systematic investigation of the human mind, including behavior and cognition. ... John Hugh Hare, 1st Viscount Blakenham OBE PC (January 22, 1911–March 7, 1982) was a British peer and statesman, the son of Richard Hare, 4th Earl of Listowel. ... This article is about the Episcopal Church in the United States. ...


Legal career

Breyer served as a law clerk to Associate Justice Arthur Goldberg during the 1964 term (list). He was a special assistant to the United States Assistant Attorney General for Antitrust from 1965 to 1967 and an assistant special prosecutor on the Watergate Special Prosecution Force in 1973. Breyer was a special counsel to the U.S. Senate Committee on the Judiciary from 1974 to 1975 and served as chief counsel of the committee from 1979 to 1980.[7] He worked closely with the chairman of the committee, Senator Edward M. Kennedy of Massachusetts, and helped pass the Airline Deregulation Act that closed the Civil Aeronautics Board. In the United States, Canada and Brazil, a law clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. ... This article or section does not cite any references or sources. ... Law clerks have assisted Supreme Court Justices in various capacities since the first one was hired by Justice Horace Gray in the 1880s. ... Many of the divisions and offices of the United States Department of Justice are headed by an Assistant Attorney General. ... A special prosecutor is a lawyer from outside the government appointed by the attorney general or Congress to investigate a federal official for misconduct while in office. ... The Watergate scandal was a 1972 break-in at the Democratic National Committee headquarters at a Watergate Office Building in Washington, D.C. by members of Richard Nixons administration and the resulting cover-up which led to the resignation of the President. ... The U.S. Senate Committee on the Judiciary (informally Senate Judiciary Committee) is a standing committee of the United States Senate, the upper house of the United States Congress. ... Edward Kennedy Edward Moore Ted Kennedy, (born February 22, 1932, in Brookline, Massachusetts) is a Democratic U.S. senator from Massachusetts. ... This article is about the U.S. State. ... President Jimmy Carter signs the Airline Deregulation Act. ... Governments have played an important part in shaping air transportation. ...


Breyer became an assistant professor, law professor, and lecturer at Harvard Law School starting in 1967. Breyer taught at Harvard Law School until 1994, also serving as a professor at Harvard's Kennedy School of Government from 1977 to 1980. At Harvard, Breyer was known as a leading expert on administrative law. While there, he wrote two highly influential books on deregulation: Breaking the Vicious Circle: Toward Effective Risk Regulation and Regulation and Its Reform. Both remain extremely important in the law of administration and bureaucracies. In 1970, Breyer wrote "The Uneasy Case for Copyright", one of the most widely cited skeptical examinations of copyright. Breyer was a visiting professor at the College of Law in Sydney, Australia, and later at the University of Rome.[7] John F. Kennedy School of Government The John F. Kennedy School of Government is a public policy school and one of the graduate schools of Harvard University. ... Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies... The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies, and Computer Programs was an article in the Harvard Law Review by United States Supreme Court Justice-to-be Stephen Breyer in 1970, while he was still a legal academic. ... The Sydney Opera House on Sydney Harbour Sydney (pronounced ) is the most populous city in Australia, with a metropolitan area population of approximately 4. ... There is no institution called the University of Rome, but there are several universities in Rome: University of Rome La Sapienza University of Rome Tor Vergata University of Roma Tre This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ...


Judicial career

From 1980 to 1994, Breyer served as a Judge on the United States Court of Appeals for the First Circuit, including as the court's Chief Judge from 1990 to 1994. His nomination to the Court of Appeals was the last judgeship approved by the Senate in the Carter administration. He served as a member of the Judicial Conference of the United States between 1990 and 1994 and the United States Sentencing Commission between 1985 and 1989. On the sentencing commission, Breyer played a key role in reforming federal criminal sentencing procedures, producing the Federal Sentencing Guidelines, which were formulated to increase uniformity in sentences for criminal cases.[7] Year 1980 (MCMLXXX) was a leap year starting on Tuesday (link displays the 1980 Gregorian calendar). ... Year 1994 (MCMXCIV) was a common year starting on Saturday (link will display full 1994 Gregorian calendar). ... The United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the following United States District Courts: District of Maine District of Massachusetts District of New Hampshire District of Puerto Rico District of Rhode Island The court is based at the John Joseph... Chief Judge is a title that can refer to the highest-ranking judge of a court that has more than one judge. ... Year 1990 (MCMXC) was a common year starting on Monday (link displays the 1990 Gregorian calendar). ... Year 1994 (MCMXCIV) was a common year starting on Saturday (link will display full 1994 Gregorian calendar). ... For other persons named Jimmy Carter, see Jimmy Carter (disambiguation). ... The Judicial Conference of the United States, formerly known as the Conference of Senior Circuit Judges, was created by the US Congress in 1922, with the principal objective of framing policy guidelines for administration of judicial courts in the United States of America. ... Year 1990 (MCMXC) was a common year starting on Monday (link displays the 1990 Gregorian calendar). ... Year 1994 (MCMXCIV) was a common year starting on Saturday (link will display full 1994 Gregorian calendar). ... This article needs cleanup. ... Year 1985 (MCMLXXXV) was a common year starting on Tuesday (link displays 1985 Gregorian calendar). ... Year 1989 (MCMLXXXIX) was a common year starting on Sunday (link displays 1989 Gregorian calendar). ... The Federal Sentencing Guidelines are rules that set out a uniform sentencing policy for convicted defendants in the United States federal court system. ...


In 1993, President Bill Clinton considered him for the seat vacated by Byron White that ultimately went to Justice Ruth Bader Ginsburg.[8] Breyer's appointment came shortly thereafter, however, following the retirement of Harry Blackmun in 1994, and Clinton nominated Breyer as an Associate Justice of the Supreme Court on May 17 of that year. Breyer was confirmed by the U.S. Senate in an 87 to 9 vote and took his seat August 3, 1994.[7] Breyer was the second-longest-serving "junior justice" in the history of the Court, close to surpassing the record set by Justice Joseph Story of 4,228 days (from February 3, 1812 to September 1, 1823); Breyer fell 29 days short of tying this record, which he would have reached on March 1, 2006, had Justice Samuel Alito not joined the Court on January 31, 2006. Although Chief Justice Roberts joined the Court in September of 2005, the duties of the junior Justice never fall upon the Chief Justice, who is considered primus inter pares—first among equals. Year 1993 (MCMXCIII) was a common year starting on Friday (link will display full 1993 Gregorian calendar). ... For other uses, see President of the United States (disambiguation). ... William Jefferson Bill Clinton (born William Jefferson Blythe III[1] on August 19, 1946) was the 42nd President of the United States, serving from 1993 to 2001. ... Byron Raymond White (June 8, 1916 – April 15, 2002) won fame both as a football running back and as an associate justice of the Supreme Court of the United States. ... Ruth Joan Bader Ginsburg (born March 15, 1933, Brooklyn, New York) is an Associate Justice on the U.S. Supreme Court. ... Justice Harry Blackmun Harry Andrew Blackmun (November 12, 1908 – March 4, 1999) was an Associate Justice of the Supreme Court of the United States from 1970 to 1994. ... is the 137th day of the year (138th in leap years) in the Gregorian calendar. ... The United States Senate is the upper house of the U.S. Congress, smaller than the United States House of Representatives. ... is the 215th day of the year (216th in leap years) in the Gregorian calendar. ... Year 1994 (MCMXCIV) was a common year starting on Saturday (link will display full 1994 Gregorian calendar). ... American jurist Joseph Story Joseph Story (September 18, 1779 - September 10, 1845), American jurist, was born at Marblehead, Massachusetts. ... is the 34th day of the year in the Gregorian calendar. ... For the overture by Tchaikovsky, see 1812 Overture; For the wars, see War of 1812 (USA - United Kingdom) or Patriotic War of 1812 (France - Russia) For the Siberia Airlines plane crashed over the Black Sea on October 4, 2001, see Siberia Airlines Flight 1812 1812 was a leap year starting... is the 244th day of the year (245th in leap years) in the Gregorian calendar. ... 1823 was a common year starting on Wednesday (see link for calendar). ... is the 60th day of the year (61st in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... Samuel Anthony Alito, Jr. ... is the 31st day of the year in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... John Glover Roberts Jr. ... First among equals is a phrase which indicates that a person is the most senior of a group of people sharing the same rank or office. ...


Judicial philosophy

In general

On the bench, Breyer generally takes a pragmatic approach to constitutional issues, interested more in producing coherence and continuity in the law than in following doctrinal, historical or textual strictures.[9] He has said that while some of his colleagues "emphasize language, a more literal reading of the text, history and tradition," he looks more closely to the "purpose and consequences" of the text.[10] Pragmatism is a school of philosophy which originated in the United States in the late 1800s. ...


While considered somewhat moderate, Breyer most frequently sides with Justices John Paul Stevens, David Souter and Ruth Bader Ginsburg, generally acknowledged as the "liberal" wing of the court.[11] He has consistently voted in favor of abortion rights,[12] one of the most controversial areas of the Supreme Court's docket. He has also defended the Supreme Court's use of international law as persuasive (but not binding) authority in its decisions.[13][14][15] However, Breyer is also recognized to be deferential to the interests of law enforcement and to legislative judgments in the Supreme Court's First Amendment rulings. Breyer has also demonstrated a consistent pattern of deference to Congress, voting to overturn congressional legislation at a lower rate than any other Supreme Court justice since 1994.[16] John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. ... David Hackett Souter (born September 17, 1939) has been an Associate Justice of the Supreme Court of the United States since 1990. ... Ruth Joan Bader Ginsburg (born March 15, 1933, Brooklyn, New York) is an Associate Justice on the U.S. Supreme Court. ... This article or section is in need of attention from an expert on the subject. ... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ...


Breyer's extensive experience in administrative law is accompanied by his staunch defense of the Federal Sentencing Guidelines. Breyer rejects the strict interpretation of the Sixth Amendment espoused by Justice Scalia that all facts necessary to criminal punishment must be submitted to a jury and proved beyond a reasonable doubt. In many other areas on the Court, too, Breyer's pragmatism is considered the intellectual counterweight to Scalia's textualist philosophy. Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies... The Federal Sentencing Guidelines are rules that set out a uniform sentencing policy for convicted defendants in the United States federal court system. ... Amendment VI (the Sixth Amendment) of the United States Constitution codifies rights related to criminal prosecutions in federal courts. ... Antonin Gregory Scalia (born March 11, 1936[1]) is an American jurist and the second most senior Associate Justice of the Supreme Court of the United States. ... Textualism is a formalist theory of statutory interpretation which holds that a statutes ordinary meaning should govern its interpretation, as opposed to inquiries into non-textual sources such as the intention of the legislature in passing the law, the problem it was intended to remedy, or substantive questions of...


In describing his interpretive philosophy, Breyer has sometimes noted his use of six interpretive tools: text, history, tradition, precedent, the purpose of a statute, and the consequences of competing interpretations.[17] Breyer notes that only the latter two differentiate him from strict constructionists on the Supreme Court such as Scalia. Breyer argues that these sources are necessary, however, and in the former case (purpose, or legislative intent), can in fact provide greater objectivity in legal interpretation than looking merely to what can often be ambiguous statutory text.[18] With the latter (consequences), Breyer argues that considering the impact of legal interpretations is a further way of ensuring consistency with a law's intended purpose.[19]


Active Liberty

Breyer expounded on his judicial philosophy in 2005 in Active Liberty: Interpreting Our Democratic Constitution. In it, Breyer urges judges to interpret legal provisions (of the Constitution or of statutes) in light of the purpose of the text and how well the consequences of specific rulings will fit those purposes. The book is considered a response to the 1997 book A Matter of Interpretation, in which Antonin Scalia emphasized adherence to the original meaning of the text alone.[20][21] Active Liberty (subtitled Interpreting Our Democratic Constitution) is a 2005 book by United States Supreme Court Justice Stephen Breyer. ... Antonin Gregory Scalia (born March 11, 1936[1]) is an American jurist and the second most senior Associate Justice of the Supreme Court of the United States. ...


In Active Liberty, Breyer argues that the Framers of the Constitution sought to establish a democratic government involving the maximum liberty for its citizens. Breyer refers to Isaiah Berlin’s Two Concepts of Liberty. The first Berlinian concept, being what most people understand by liberty, is "freedom from government coercion;" Berlin termed this negative liberty and warned against its diminution. Breyer terms this "modern liberty." The second Berlinian concept — to Berlin, "positive liberty" — is the "freedom to participate in the government;" In Breyer's terminology, this is the "active liberty," which the judge should champion. Having established this premise of what liberty is, and having posited the primary importance of this concept over the competing idea of "Negative Liberty" to the Framers, Breyer argues a predominantly utilitarian case for judges making rulings which give effect to the democratic intentions of the Constitution. Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... Sir Isaiah Berlin, OM (June 6, 1909 – November 5, 1997), was a political philosopher and historian of ideas, regarded as one of the leading liberal thinkers of the 20th century. ... The philosophical concept of negative liberty refers to an individuals liberty from being subjected to the authority of others. ... Positive liberty is an idea that was first expressed and analyzed as a separate conception of liberty by John Stuart Mill but most notably described by Isaiah Berlin. ... Utilitarianism is a suggested theoretical framework for morality, law and politics, based on quantitative maximisation of some definition of utility for society or humanity. ... Intentionalism redirects here. ...


Both of the books' historical premises and practical prescriptions have been challenged, for example, by Prof. Peter Berkowitz's Democratizing The Constitution. According to Berkowitz, "The reason that 'The primarily democratic nature of the Constitution's governmental structure has not always seemed obvious' ," as Breyer puts it, is "because it’s not true, at least in Breyer's sense that the Constitution elevates active liberty above modern [negative] liberty." Breyer "demonstrates not fidelity to the Constitution, but rather a determination to rewrite the Constitution’s priorities," and in any eventuality, throws his "Active Liberty" theory overboard where abortion is concerned, "prefer[ing] judicial decisions that protect women’s modern liberty, which remove controversial issues from democratic discourse." In a book which never rises to answer the textualist charge that the Living Documentarian Judge is a law unto himself, Berkowitz argues that Active Liberty "suggests that when necessary, instead of choosing the consequence that serves what he regards as the Constitution’s leading purpose, Breyer will determine the Constitution’s leading purpose on the basis of the consequence that he prefers to vindicate." Textualism is a formalist theory of statutory interpretation which holds that a statutes ordinary meaning should govern its interpretation, as opposed to inquiries into non-textual sources such as the intention of the legislature in passing the law, the problem it was intended to remedy, or substantive questions of... The United States Supreme Court. ...


Against the last charge, Professor Cass Sunstein has defended Breyer, however, noting that of the 9 justices on the late Rehnquist Court, Breyer in fact showed the highest percentage of votes to uphold acts of Congress and also to defer to the decision of the executive branch. [22] Cass R. Sunstein (b. ...


In an article in The New Yorker in October 2005, "Breyer concedes that a judicial approach based on 'active liberty' will not yield solutions to every constitutional debate. 'Respecting the democratic process does not mean you abdicate your role of enforcing the limits in the Constitution, whether in the Bill of Rights or in separation of powers,' he said. 'We have to decide when these limits are exceeded. People tend to forget that when the limits are not exceeded. Almost everything the government does is within these limits. We have to give guidance. There is no absolute guidance, no absolute rules.' " The New Yorker is an American magazine that publishes reportage, criticism, essays, cartoons, poetry and fiction. ...


To his point, and from a discussion at the New York Historical Society in March 2006, Breyer has noted that "democratic means" did not bring about an end to slavery (the Emancipation Proclamation, an executive order, did) or the concept of "one man, one vote," which allowed corrupt and discriminatory (but democratic-inspired) state laws to be overturned in favor of civil rights. Slave redirects here. ... Wikisource has original text related to this article: Emancipation Proclamation Reproduction of the Emancipation Proclamation at the National Underground Railroad Freedom Center in Cincinnati, Ohio The Emancipation Proclamation consists of two executive orders issued by United States President Abraham Lincoln during the American Civil War. ... Civil rights or positive rights are those legal rights retained by citizens and protected by the government. ...


Writing style

Breyer is well-known for his personal writing style, in which he never uses footnotes in his opinions. He feels that keeping all citations in the text results in better, more readable writing that can be better appreciated by the general public.[23] Note: See also Wikipedia:Cite sources This is Wikipedia:Manual of Style :: Footnotes; discussion is being continued at Footnote2 New Proposed Footnote format Format All footnotes (text that for clarity or conciseness should not be inline) should be of the following form. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court...


Trivia

Breyer is the first sitting supreme court justice to appear on a game show, National Public Radio's "Wait, Wait, Don't Tell Me." Wait Wait. ...


Footnotes

  1. ^ Kersch, Ken (2006) Justice Breyer's Mandarin Liberty. 73 U. Chi. L. Rev. 759, 765 ("As his decision to characterize both the New Deal and Warren Courts as centrally committed to democracy and "active liberty" makes clear, Justice Breyer identifies his own constitutional agenda with that of these earlier courts, and positions himself, in significant respects, as a partisan of midcentury constitutional liberalism.")
  2. ^ http://freepages.genealogy.rootsweb.com/~battle/celeb/breyer.htm
  3. ^ Oyez Bio, Retrieved 3/21/07
  4. ^ Townley, Alvin [2006-12-26]. Legacy of Honor: The Values and Influence of America's Eagle Scouts. New York: St. Martin's Press, pp. 56-59. ISBN 0-312-36653-1. Retrieved on 2006-12-29. 
  5. ^ Ray, Mark (2007). What It Means to Be an Eagle Scout. Scouting Magazine. Boy Scouts of America. Retrieved on 2007-01-05.
  6. ^ Oyez Bio, retrieved 3/21/07 (For Brown; need cite for Tribe)
  7. ^ a b c d e The Justices of the Supreme Court, retrieved on 3/20/2007
  8. ^ Berke, Richard. The Overview; Clinton Names Ruth Ginsburg, Advocate for Women, to Court. The New York Times, published June 15, 1993.
  9. ^ Sunstein, Cass Breyer's Judicial Pragmatism University of Chicago Law School. November, 2005. (SSRN)
  10. ^ Supreme Court Justices Says Consequences Key To Constitutionality. The Associated Press, February 9, 2006. Retrieved 3/23/07
  11. ^ Wittes, Benjamin Memo to John Roberts. Washington Post, 25 September 2005.
  12. ^ Stenberg v. Carhart, 530 U.S. 914 (2000)
  13. ^ Transcript of Discussion Between Antonin Scalia and Stephen Breyer. AU Washington College of Law, Jan. 13. Retrieved on 3/21/07
  14. ^ Pearlstein, Deborah. Who's Afraid of International Law. The American Prospect Online, 4/5/05. Retrieved on 3/21/07.
  15. ^ Roper v. Simmons, 543 U.S. 551 (2005); Lawrence v. Texas, 539 U.S. 558 (2003); Atkins v. Virginia, 536 U.S. 304 (2002)
  16. ^ Gewirtz, Paul and Chad Golder. So Who Are the Activists?. The New York Times, published July 6, 2005. Retrieved 3/23/07
  17. ^ Lithwick, Dalia. Justice Grover Versus Justice Oscar. Slate, Dec. 6 2006. Retrieved on 3/19/07.
  18. ^ Interview with Nina Totenberg, NPR, Sep. 30, 2005. Retrieved on 3/19/07.
  19. ^ Sunstein at 12 ("Breyer thinks that as compared with a single-minded focus on literal text, his approach will tend to make the law more sensible, almost by definition. He also contends that it 'helps to implement the public's will and is therefore consistent with the Constitution's democratic purpose.' Breyer concludes that an emphasis on legislative purpose 'means that laws will work better for the people they are presently meant to affect. Law is tied to life; and a failure to understand how a statute is so tied can undermine the very human activity that the law seeks to benefit' (p. 100).")
  20. ^ Wittes, Benjamin. "Memo to John Roberts; Stephen Breyer, a cautious, liberal Supreme Court justice, explains his view of the law." Washington Post. Sept. 25, 2005.
  21. ^ Feeney, Mark. "Author in the Court: Justice Stephen Breyer's New Book Reflects His Practical Approach to the Law." Boston Globe. Oct. 3, 2005.
  22. ^ Sunstein, pg. 7, citing Lori Ringhand, Judicial Activism and the Rehnquist Court, available on ssrn.com and Cass R. Sunstein and Thomas Miles, o Judges Make Regulatory Policy? An Empirical investigation of Chevron, U Chi L Rev (forthcoming 2006).
  23. ^ Breyer on Footnotes Needs a Footnote. New York Times, 4 August 1995

Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... is the 360th day of the year (361st in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... is the 363rd day of the year (364th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era. ... January 5 is the 5th day of the year in the Gregorian calendar. ...

References

William Jefferson Bill Clinton (born William Jefferson Blythe III on August 19, 1946) was the 42nd President of the United States, serving from 1993 to 2001. ... My Life My Life is a 2004 autobiography written by former President of the United States Bill Clinton, who left office on January 20, 2001. ...

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Preceded by
New seat
Judge of the U.S. Court of Appeals for the First Circuit
1980-1994
Succeeded by
Sandra Lea Lynch
Preceded by
Levin Hicks Campbell
Chief Judge of the U.S. Court of Appeals for the First Circuit
1990-1994
Succeeded by
Juan R. Torruella
Preceded by
Harry Blackmun
Associate Justice of the Supreme Court of the United States
August 3, 1994 – present
Incumbent
Preceded by
Ruth Bader Ginsburg
United States order of precedence
as of 2007
Succeeded by
Samuel Alito
Judicial opinions of Stephen Breyer
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The Rehnquist Court Seal of the U.S. Supreme Court
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1994–2005: J.P. Stevens | S.D. O'Connor | A. Scalia | A. Kennedy | D. Souter | C. Thomas | R.B. Ginsburg | S. Breyer
The Roberts Court
John Glover Roberts, Jr. (2005-present)
2005–2006: J.P. Stevens | S.D. O'Connor | A. Scalia | A. Kennedy | D. Souter | C. Thomas | R.B. Ginsburg | S. Breyer
2006–present: J.P. Stevens | A. Scalia | A. Kennedy | D. Souter | C. Thomas | R.B. Ginsburg | S. Breyer | S. Alito
Persondata
NAME Breyer, Stephen Gerald
ALTERNATIVE NAMES
SHORT DESCRIPTION Associate Justice of the U.S. Supreme Court
DATE OF BIRTH August 15, 1938
PLACE OF BIRTH San Francisco, California
DATE OF DEATH
PLACE OF DEATH

  Results from FactBites:
 
Stephen Breyer - Wikipedia, the free encyclopedia (1247 words)
Breyer is the older brother of federal district judge Charles Breyer.
Breyer was a special counsel to the U.S. Senate Committee on the Judiciary from 1974 to 1975 and served as chief counsel of the committee from 1979 to 1980.
Breyer was a visiting professor at the College of Law in Sydney, Australia and later at the University of Rome.
justiceshp.htm (2031 words)
STEPHEN GERALD BREYER was born August 15, 1938, in San Francisco, to Irving Breyer, a lawyer and administrator for the city school system, and Anne Breyer, the daughter of East Prussian immigrants.
Breyer believes that a pro-competitive approach to economic regulation appropriately maximizes the benefits available from the free market and, at the same time, reduces the burdens that flow from unnecessary regulation.
Breyer's most dramatic strategy was the careful orchestration of public hearings which he effectively used to swing congressional opinion to his model.
  More results at FactBites »

 
 

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