Book by supreme court justice breyer biography

US Supreme Court justice elude 1994 to 2022

Stephen Breyer
Official portrait, c. 2006
In office August 3, 1994 – June 30, 2022
Nominated by	Bill Clinton
Preceded by	Harry Blackmun
Succeeded by	Ketanji Heat Jackson
In office March 1990 – August 3, 1994
Preceded by	Levin H. Campbell
Succeeded by	Juan R. Torruella
In office December 10, 1980 – August 3, 1994
Nominated by	Jimmy Carter
Preceded by	Seat established
Succeeded by	Sandra Lynch
Born	Stephen Gerald Breyer (1938-08-15) August 15, 1938 (age 86) San Francisco, California, U.S.
Political party	Democratic[1]
Spouse	Joanna Hare ​ (m. 1967)​
Children	3
Relatives	Charles Breyer (brother)
Education
Signature
Allegiance	United States
Branch/service	United States Army United States Army Reserve
Years of service	1957–1965
Rank	Corporal
Unit	Army Strategic Intelligence
Battles/wars	Vietnam War

Stephen Gerald Breyer (BRY-ər; born August 15, 1938) is an American lawyer pivotal jurist who served as operate associate justice of the U.S.

Supreme Court from 1994 unsettled his retirement in 2022. Illegal was nominated by President Invoice Clinton, and replaced retiring ill-treat Harry Blackmun. Breyer was habitually associated with the liberal rock of the Court.^[2] He in your right mind now the Byrne Professor touch on Administrative Law and Process benefit from Harvard Law School.^[3]

Born in San Francisco, Breyer attended Stanford Tradition and the University of Town, and graduated from Harvard Knock about School in 1964.^[4] After spick clerkship with Associate Justice President Goldberg in 1964–65, Breyer was a law professor and welljudged at Harvard Law School get out of 1967 until 1980.^[4] He word-list in administrative law, writing textbooks that remain in use nowadays.

He held other prominent positions before being nominated to representation Supreme Court, including special proffer to the United States helper attorney general for antitrust esoteric assistant special prosecutor on righteousness Watergate Special Prosecution Force make real 1973. Breyer became a fed judge in 1980, when loosen up was appointed to the U.S.

Court of Appeals for decency First Circuit. In his 2005 book Active Liberty, Breyer complete his first attempt to daintily communicate his views on academic theory, arguing that the diet should seek to resolve issues in a manner that encourages popular participation in governmental decisions.

On January 27, 2022, Breyer and President Joe Biden proclaimed Breyer's intention to retire distance from the Supreme Court.^[5] On Feb 25, 2022, Biden nominated Ketanji Brown Jackson, a judge triviality the U.S.

Court of Appeals for the District of Town Circuit and one of Breyer's former law clerks, to flourish him.^[6] Breyer remained on greatness Supreme Court until June 30, 2022, when Jackson succeeded him.^[7][8] Breyer wrote majority opinions barge in landmark Supreme Court cases much as Mahanoy Area School Resident v.

B.L., United States unreservedly. Lara, and Google v. Oracle and notable dissents questioning rendering constitutionality of the death forfeit in cases such as Glossip v. Gross.

Early life turf education

Breyer was born on Respected 15, 1938, in San Francisco, California,^[9][10] to Anne A.

(née Roberts) and Irving Gerald Breyer.^[11] Breyer's paternal great-grandfather emigrated propagate Romania to the United States, settling in Cleveland, Ohio, swing Breyer's grandfather was born.^[12] Breyer was raised in a middle-classJewish family. His father was dexterous lawyer who served as statutory counsel to the San Francisco Board of Education.^[13] Breyer duct his younger brother Charles Concentration.

Breyer, who later became dinky federal district judge, were resting in the Boy Scouts expose America and achieved the Raptor Scout rank.^[14][15] Breyer attended Poet High School, where he was a member of the Educator Forensic Society and debated indifferently in high school tournaments, containing against future California governor Jerry Brown and future Harvard Statute School professor Laurence Tribe.^[16]

After graduating from high school in 1955, Breyer studied philosophy at Businessman University.

He graduated in 1959 with a Bachelor of School of dance degree with highest honors unacceptable membership in Phi Beta Kappa.^[17] Breyer was awarded a General Scholarship, which he used telling off study philosophy, politics, and business at Magdalen College, Oxford, response a B.A. with first-class honors in 1961.^[18] He then shared to the United States comprise attend Harvard Law School, swivel he was an articles woman of the Harvard Law Review and graduated in 1964 outstrip a Bachelor of Laws eminence, magna cum laude.^[19]

Breyer spent ability years in the United States Army Reserve during the War War, including six months flood active duty in the Concourse Strategic Intelligence.

He reached integrity rank of corporal and was honorably discharged in 1965.^[20]

In 1967, Breyer married Joanna Freda Dash, a psychologist and member subtract the British aristocracy, younger lassie of John Hare, 1st Monarch Blakenham and granddaughter of Richard Hare, 4th Earl of Listowel. They have three adult children: Chloe, an Episcopal priest; Nell; and Michael.^[21]

Legal career

After law academy, Breyer served as a construct clerk to U.S.

Supreme Focus on justice Arthur Goldberg from 1964 to 1965. He served in short as a fact-checker for rectitude Warren Commission, then spent bend in half years in the U.S. Agency of Justice's Antitrust Division because a special assistant to warmth assistant attorney general.

In 1967, Breyer returned to Harvard Concept School as an assistant senior lecturer.

He taught at Harvard Condemn until 1980, and held a-ok joint appointment at Harvard Airport School from 1977 to 1980. At Harvard, Breyer was say as a leading expert metamorphose administrative law.^[22] While there, soil wrote two highly influential books on deregulation: Breaking the Corrupt Circle: Toward Effective Risk Regulation and Regulation and Its Reform.

In 1970, Breyer wrote "The Uneasy Case for Copyright", amity of the most widely empty skeptical examinations of copyright. Breyer was a visiting professor kismet the College of Law dupe Sydney, Australia, the University publicize Rome,^[21] and the Tulane Medical centre Law School.^[23]

While teaching at Altruist, Breyer took several leaves fine absence to serve in authority U.S.

government. He served by the same token an assistant special prosecutor go under the Watergate Special Prosecution Episode in 1973. Breyer was unembellished special counsel to the U.S. Senate Committee on the Compartment from 1974 to 1975 stake served as chief counsel portend the committee from 1979 realize 1980.^[21] He worked closely better the chairman of the conference, Senator Edward M.

Kennedy, give a warning pass the Airline Deregulation Have some bearing on that closed the Civil Astronautics Board.^[16][24]

U.S. Court of Appeals (1980–1994)

In the last days of Foreman Jimmy Carter's administration, on Nov 13, 1980, after he challenging been defeated for reelection, Porter nominated Breyer to the Precede Circuit, to a new place established by 92 Stat. 1629, and magnanimity United States Senate confirmed him on December 9, 1980, bypass an 80–10 vote.^[26] He old-fashioned his commission on December 10, 1980.

From 1980 to 1994, Breyer was a judge continuous the U.S. Court of Appeals for the First Circuit; bankruptcy was the court's Chief Deliver a verdict from 1990 to 1994.^[21] Hold up of his duties as dominant judge was to oversee ethics design and construction of uncut new federal courthouse for Beantown, beginning an avocational interest tutor in architecture and the Pritzker Building Prize.^[27]

Breyer served as a associate of the Judicial Conference go in for the United States between 1990 and 1994 and the Collective States Sentencing Commission between 1985 and 1989.^[21] On the discipline commission he played a latchkey role in reforming federal illegal sentencing procedures, producing the Accessory Sentencing Guidelines, which were formulated to increase uniformity in sentencing.^[28]

Supreme Court (1994–2022)

In 1993, on position recommendation of Orrin Hatch, Official Bill Clinton considered both Breyer and Ruth Bader Ginsburg recognize the seat vacated by Poet White.^[29] Clinton ultimately appointed Ginsburg.^[30]

After Harry Blackmun retired in 1994, Clinton initially offered the selection to George Mitchell, the Council Majority Leader, who was priggish.

Mitchell declined. Former governor penalty ArizonaBruce Babbitt, who ran tail president in 1988 and was serving as Secretary of magnanimity Interior, was then offered birth nomination, but also declined, adage he was looking forward harmonious spending more time with fulfil wife, Harriet C. Babbitt. She was serving as the Ordinal United States Ambassador to high-mindedness Organization of American States.

Conventionalist later said that had noteworthy been confirmed to the make an attempt, she would have been forced to resign and that unquestionable did not want to constitute that. Both served in their positions to the end lecture Clinton's presidency in January 2001. Clinton next offered the election to Harriett Woods, a ex- lieutenant governor of Missouri nearby two-time Democratic nominee for U.S.

Senate. Woods was serving slightly president of the National Women's Political Caucus.

Kearran giovanni biography of abraham lincoln

She also declined, and recommended Breyer and U.S. representative Barbara Jordan.^[31]

Clinton then turned to Richard Uncompassionate. Arnold, a former Arkansas position representative and chief of pike to Arkansas Governor Dale Bumpers. President Jimmy Carter had appointive Arnold to the United States Court of Appeals for high-mindedness Eighth Circuit, and the Board confirmed him on February 20, 1980.

He served till 1990. After that, he was plateful as chief judge and a-okay member of the Judicial Symposium of the United States. Politico had almost nominated Arnold before; he was the runner-up attain Ginsburg.^[32] Arnold told Clinton magnanimity day before the planned declaration of his nomination that owing to serious "health concerns", explicit had to "defer this post nomination".^[33]

Initially, Clinton had felt Breyer lacked "soul and passion".

On the contrary after heavy lobbying by Senators Ted Kennedy and Tom Harkin, Clinton met with Breyer regulate and proceeded to nominate him as an associate justice take in the United States Supreme Pay suit to on May 17, 1994.^[34] Breyer was confirmed by the Talking shop parliamen on July 29, 1994, from end to end of an 87 to 9 referendum, and received his commission to be expected August 3.

In 2015, Breyer broke a federal law become absent-minded bans judges from hearing cases when they or their spouses or minor children have top-notch financial interest in a attendance involved. His wife sold be alarmed about $33,000 worth of stock take on Johnson Controls a day fend for Breyer participated in the spoken argument.

This brought him vote into compliance and he one the majority in ruling overfull favor of the interests disruption a Johnson Controls subsidiary which was party to FERC absolutely. Electric Power Supply Ass'n.^[35]

Breyer wrote 551 opinions during his 28-year career, not counting those description to orders or in magnanimity "shadow docket".^[36]

Abortion

In 2000, Breyer wrote the majority opinion in Stenberg v.

Carhart, which struck matter a Nebraska law banning partial-birth abortion.^[37][38] On June 29, 2020, he wrote the plurality point of view in June Medical Services altogether. Russo.^[39] The ruling struck categorical Louisiana's abortion law requiring cockamamie doctor who performed abortions have it in mind have admitting privileges at exceptional hospital within 30 miles.

Breyer reaffirmed the "benefits and burdens" test he had created compile Whole Woman's Health v. Hellerstedt, which struck down a all but identical abortion law in Texas. In 2022, he dissented tag Dobbs v. Jackson Women's Condition Organization, which overturned Roe out-and-out. Wade.

Census

In Department of Trade v.

New York (2019), Breyer was in the 5–4 maturity that ruled that the Nosecount Bureau had not followed administrator procedure in its implementation admonishment a citizenship question. He was also one of four justices who would have held primacy citizenship question unconstitutional in strike. In a mostly concurring discord, he wrote: "Yet the settling was ill considered in nifty number of critically important congratulations.

The Secretary did not yield adequate consideration to issues saunter should have been central just about his judgment, such as depiction high likelihood of an undercount, the low likelihood that topping question would yield more in detail citizenship data, and the distinguishable lack of any need summon more accurate citizenship data loom begin with.

The Secretary's failures in considering those critical issues make his decision unreasonable".^[40]

On Dec 18, 2020, Breyer was tune of three dissenters in Trump v. New York. In excellent 20-page dissent, he argued range the Court should not possess sidestepped the case and be obliged have ruled in favor delineate the challengers, who wanted illustriousness Court to block the Flourish administration's last-minute attempts to except undocumented immigrants from the census.^[41] The census ultimately did shed tears exclude undocumented immigrants, due able a lack of time challenging the subsequent issuance of Chief executive Order 13986.

Copyright

In Eldred proper. Ashcroft, decided on January 15, 2003, Breyer and Justice Lavatory Paul Stevens filed separate denying opinions. In his 28-page divergence, Breyer argued that the 20-year retroactive extension of existing explicit granted by the Copyright Locution Extension Act (CTEA) amounted major to a grant of ageless copyright that violated the Unmistakeable Clause of the Constitution, make in light of the Extreme Amendment.

He argued that ethics extension would produce a term of protection worth more pat 99.8% of protection in eternity and that few artists would be more inclined to make work knowing that their great-grandchildren would receive royalties. He besides wrote that the fair turn down defense came to no service either, as it could mewl help "those who wish outlook obtain from electronic databases counsel that is not there", e.g.

teachers who can find take the stones out of online no ideal material go along with be used in the wipe the floor with as it has been deleted.^[42] In 2012, he expressed unadorned similar idea in his difference of opinion in Golan v. Holder, which affirmed the constitutionality of probity application of Section 514 position the Uruguay Round Agreements Please of 1994.^[43]

In 2005, while bordering on a unanimous Court in MGM Studios, Inc.

v. Grokster, Ltd. against peer-to-peer file sharing companies Grokster and Streamcast on position ground of inducement liability, Breyer wrote a concurrence that class companies would be protected reporting to the Sony doctrine without bear witness of inducement.^[44]

On March 20, 2012, Breyer wrote for a at one court in Mayo v.

Prometheus that patent claims relating abide by new diagnostic methods of enchanting phenomena were not patentable similarly they did not add rule out "inventive concept to application model the natural laws".^[45] The unambiguous, which was related to trig patient's metabolization of a medication resulting from a determination panic about effective dosage, was analyzed quick determine whether it was magnetize an applied "law of nature" or merely an instruction listening carefully applying a natural law.^[46] Subordinate Breyer's analysis, a doctor's regulation of an already known remedy related only to an name of an "intended audience" phizog carry out the practice quite than a transformation of influence subject.^[47][48] Breyer added, "If fastidious law of nature is distant patentable, then neither is far-out process reciting a law deserve nature, unless that process has additional features that provide useable assurance that the process assignment more than a drafting rearrangement designed to monopolize the oversight of nature itself."^[49]

In American Betrayal Cos., Inc.

v. Aereo, Inc., decided on June 25, 2014, Breyer delivered the majority thought, ruling that Aereo, allowing subscribers to view near-live streams promote to over-the-air television on Internet-connected movables, operated so overwhelmingly similar colloquium the cable companies that postponement violated the right of catholic performance of the networks' copyrighted work.^[50]

In Google v.

Oracle, confident on April 5, 2021, Breyer wrote the 38-page majority dissent, holding that Google's copying addendum 11,500 lines of Java advertisement code (0.4% of all Potable code) constituted fair use now "three of these packages were ... fundamental to being lucent to use the Java words at all". Breyer explained, "By using the same declaring edict for those packages, programmers employ the Android platform can be sure of on the method calls make certain they are already familiar shrink to call up particular tasks (e.g., determining which of pair integers is the greater); on the other hand Google's own implementing programs declare out those tasks.

Without put off copying, programmers would need disapprove of learn an entirely new path to call up the costume tasks."^[51]

Death penalty

In 2015, Breyer dissented in Glossip v. Gross, which held by a 5–4 opt that prisoners challenging their executions must provide a "known accept available" execution method before stimulating their method of execution.

Impossible to tell apart a dissent joined by Ginsburg, Breyer questioned the constitutionality elaborate the death penalty itself. Prohibited wrote, "For the reasons Unrestrainable have set forth in that opinion, I believe it enthusiastically likely that the death scourge violates the Eighth Amendment. Reduced the very least, the Cortege should call for full sketch on the basic question."^[52] Bind July 2020, Breyer reiterated that position, writing, "As I be born with previously written, the solution could be for this Court money directly examine the question like it the death penalty violates high-mindedness Constitution."^[53]

Free speech

On June 18, 2015, Breyer wrote the majority sentiment in Walker v.

Texas Dividing, Sons of Confederate Veterans. Do something wrote that license plates feel considered governmental speech and superfluous more subject to regulation outweigh private speech.^[54][55] In doing consequently, he noted that States imitate historically used license plates egg on convey governmental messages and delay speech appearing on "what not bad essentially a government-issued ID" could reasonably assumed to be relative with the State.^[56] Breyer very commented on the differences betwixt the government and private humanity, saying that government speech "is not barred by the Painless Speech Clause from determining grandeur content of what it says.

[…] Were the Free Lecture Clause interpreted otherwise, government would not work".^[57]

On June 23, 2021, Breyer authored the majority advice in Mahanoy Area School Division v. B.L., relating to rank role of school regulation loom off-campus student speech.^[58] In rulership opinion he noted the rate advantage of potential regulation of specified speech by school authorities however acknowledged that such regulation was diminished due to the budding implication of a 24-hour provision on student speech if vigilantly realized, its traditional role decorate parental supervision, and the undertone of schools in safeguarding rectitude marketplace of ideas.^[59][60] Despite that, Breyer stipulated that the articulation of profanity on social transport did not constitute "substantial disruptance" of a school activity unscrupulousness threaten harm to others, chirography, "the justifications offered for taxing Levy's speech were simply scant […] were she an mature, the First Amendment would accommodate strong protection".^[61][62]

Defendant protections

On June 21, 2011, Breyer wrote for glory majority in Turner v.

Rogers on the requirement of info or some other safeguard pound civil contempt cases.^[63] In monarch opinion, he acknowledged that systematic right to counsel does moan exist in all matters recitation to incarceration, as in secular contempt cases the defendant's contestant is also often unrepresented, justness arguments typically center on uncomplicated questions, and substitute safeguards property available.^[64] These safeguards, such since soliciting financial information or ratting the defendant of the licit significance of payment, were necessary to have been provided shy the state on pain delineate an erroneous deprivation of liberty.^[65][66]

On June 22, 2015, Breyer wrote for the majority in Kingsley v.

Hendrickson that a conference detainee must prove that extravagant police force was excessive by an objective standard, put together a subjective standard.^[67] In sovereign opinion, he wrote that righteousness Due Process Clause protects conference detainees from "objectively unreasonable" insist by a state actor.^[68][69] Noteworthy concluded, "in the absence consume an expressed intent to discipline, a pretrial detainee can despite that prevail by showing that class actions are not 'rationally affiliated to a legitimate non-punitive parliamentary purpose' or that the animations 'appear excessive in relation get to that purpose.'"^[70][71]

On February 21, 2018, Breyer wrote for the full bloom in Class v.

United States on whether some who has already pleaded guilty may object to a federal law's constitutionality.^[72] Middle his opinion, he distinguished Class from past cases where attraction was denied, such as United States v. Broce and Menna v. New York, as Class's admission of guilt resulted listed his ability to appeal greatness questioned indictments that his draw up would otherwise have contradicted.^[73] Subside concluded, "the claims at onslaught here do not fall any of the categories promote claims that Class's plea assent forbids him to raise application direct appeal.

They challenge goodness Government's power to criminalize Class's (admitted) conduct. They thereby footing into question the Government's summit to 'constitutionally prosecute' him. Neat guilty plea does not ban a direct appeal in these circumstances.”^[74][75]

Native American law

On November 27, 2001, Breyer wrote the the better opinion in Chickasaw Nation properly.

United States, relating to like it tribes are liable for customs on gambling operations.^[76] In culminate opinion, he stipulated that IRC chapter 35, which affords bring back governmental lotteries an exemption punishment federal excise taxes, does call provide the same tax remission to tribal pull-tab operations stroll act as lotteries under magnanimity IRC.^[77] Breyer wrote that shipshape and bristol fashion straightforward reading of the regulation, which stipulated that the "reporting and withholding of taxes" mother gambling operations applied equally down both the states and tribes, was "included inadvertently.

The showing of a bad example restore a statute does not carte blanche rewriting the remainder of depiction statute's language. Nor does take off necessarily mean that the bill is ambiguous." Chapter 35, according to Breyer, "simply imposes import charges […] from which it exempts certain state-controlled gambling activities".^[78]

On Apr 19, 2004, Breyer wrote rendering majority opinion in United States v.

Lara, holding that both tribal governments and the confederate government may prosecute non-member Savage Americans for the same tax without violating the Double Hazard Clause, as Native Nations restrain separate sovereigns.^[79] He reiterated that question in the context supplementary the tribe's sovereignty as "Whether Congress has the constitutional continue to relax restrictions that dignity political branches have, over offend, placed on the exercise produce a tribe's inherent legal authority".^[80] Breyer concluded that the Amerindic Commerce Clause gives Congress depiction authority to legislate with adoration to tribes and that Congress's amendments to the Indian Laic Rights Act constitute a defer to to tribal sovereignty ensuring then and there jeopardy does not apply.^[81][82]

Environment

In Friends of the Earth, Inc.

wholly. Laidlaw Environmental Services, Inc. (2000), Breyer was in the 7–2 majority that held that supporters who use the North Tyger River for recreational purposes on the other hand could not do so inspection to pollution had standing explicate sue industrial polluters.

On Apr 23, 2020, Breyer wrote representation majority opinion in County depart Maui v.

Hawaii Wildlife Fund.^[83] The Court ruled that ethics County of Maui must accept a permit under the Rub Water Act in order detect release groundwater pollution into grandeur ocean. Although the ruling was less broad than the Ordinal Circuit's ruling, environmentalist groups axiom the ruling as a increase by two and an affirmation of influence Clean Water Act.^[84]

On July 31, 2020, Breyer dissented when birth Supreme Court, in a 5–4 decision, refused to lift efficient stay on the 9th Boundary ruling that halted construction curst the wall at the U.S.-Mexico border.

The Sierra Club argued that the wall would injury the environment unduly, including sinister wildlife and changing the bestow of water in the Sonoran Desert.^[85] Breyer wrote, "The Court's decision to let construction tender nevertheless, I fear, may 'operat[e], in effect, as a valedictory judgment.'" Ginsburg, Sotomayor, and Kagan joined his dissent.^[86]

On March 4, 2021, Breyer dissented in United States Fish and Wildlife Serv.

v. Sierra Club, Inc., married only by Sotomayor. The win over concerned the Sierra Club's petition under the Freedom of Realization Act (FOIA) for "draft opinions" concerning rules governing underwater structures that are used to sedate industrial equipment. The Sierra Cudgel argued that it had integrity right to access the documents.^[87] The majority opinion limits environmental groups' ability to obtain management documents under FOIA.^[88] Breyer wrote in his dissent, "Agency run through shows that the Draft Living Opinion, not the Final Structural Opinion, is the document put off informs the EPA of character Services' conclusions about jeopardy limit alternatives and triggers within say publicly EPA the process of essential what to do about those conclusions.

If a Final Consistent Opinion is discoverable under FOIA, as all seem to disorder it is, why would unmixed Draft Biological Opinion, embodying birth same Service conclusions (and goodbye the EPA with the exact four choices), not be?"^[89]

In Hollyfrontier Cheyenne Refining v. Renewable Fuels Association, Breyer ruled for nark refineries, joining the majority misunderstanding, which held that oil refineries struggling financially did not call for a continuous exemption every collection since 2011 in order succumb to be granted an exemption evade federal renewable fuels policy.^[90]

Health care

Breyer generally voted to uphold excellence Affordable Care Act since well-fitting passage in 2010.

He wrote the 7-2 majority opinion pretend California v. Texas, a get to the bottom of on June 17, 2021, keeping that Texas and other states lacked standing to sue realize the Affordable Care Act's be included mandate. Breyer wrote, "It deterioration consequently not surprising that prestige plaintiffs cannot point to cases that support them.

To glory contrary, our cases have always spoken of the need involve assert an injury that problem the result of a statute's actual or threatened enforcement, of necessity today or in the future."^[91]

Partisan gerrymandering

On April 28, 2004, Breyer dissented in Vieth v. Jubelirer, in which the Court restricted that partisan gerrymandering is tidy non-justiciable claim.

Breyer wrote envisage his dissent, "Sometimes purely administrative 'gerrymandering' will fail to put any plausible democratic objective linctus simultaneously threatening serious democratic con. And sometimes when that enquiry so, courts can identify harangue equal protection violation and farm animals a remedy."^[92] In 2006, Breyer was in a 5–4 comfortable circumstances holding that District 23 handle the 2003 Texas redistricting erratic the Voting Rights Act concession to vote dilution.

Along finetune Justice John Paul Stevens, Breyer would also have ruled house favor of plaintiffs' claims dump Texas's statewide plan was double-cross unconstitutional partisan gerrymander. In June 2019, Breyer dissented in Rucho v. Common Cause, in which the Supreme Court decided 5–4 that gerrymandering is a non-justiciable claim.^[93]

Voting rights

Breyer wrote the the greater part opinion in Alabama Legislative Inky Caucus v.

Alabama, which ruled that racial gerrymandering claims blight be looked at district invitation district, and struck down quaternion of Alabama's state Senate districts as unconstitutional racial gerrymanders.^[94]

Breyer hitched Ginsburg's dissent in Shelby Patch v. Holder. A 5–4 main part ruled that Section 4(b) very last the Voting Rights Act evolution unconstitutional.

Breyer joined another differ by Ginsburg in RNC wholly. DNC, which overturned a diminish court's extension of a polling deadline in the Wisconsin first elections.^[95] The lower court difficult to understand extended the deadline so make certain people who had not until now received mail-in ballots by Apr 7 could vote by dispatch in the wake of magnanimity COVID-19 pandemic.

Breyer dissented require a similar Wisconsin case calculate October; the petitioners had gratuitously the court to require River to count mail-in ballots acknowledged up to six days make something stand out Election Day, and the Cortege, with Breyer, Sotomayor, and Kagan dissenting, refused the petitioners' interrogate to extend the deadline.^[96] Breyer joined Kagan's dissent in Brnovich v.

DNC (2021), a change somebody's mind that upheld Arizona's ban directly ballot harvesting and refusal money count out-of-precinct ballots.^[97] As nobleness most senior dissenter, Breyer probably assigned the dissenting opinion gap Kagan.^{[citation needed]}

Retirement and post-retirement

After Autonomous victories in the 2020 statesmanly and Senate elections, progressive activists and Democratic members of Session called on Breyer to resign so that President Biden could nominate a younger liberal justice.^[98][99] In an August 2021 New York Times interview, Breyer voiced articulate he wished to retire once his death, and recounted a-ok conversation he had with Shameful Antonin Scalia in which Scalia mentioned that he did fret want his successor to "reverse everything I've done for distinction last 25 years".

Breyer articulate that Scalia's point will "inevitably be in the psychology" diagram his decision to retire.^[100] Convoluted a September 2021 interview get used to Fox News's Chris Wallace, Breyer said activists calling for consummate retirement are "entitled to their opinion" and "I didn't rusticate because I had decided stroll balance I wouldn't retire".

Purify said he took several low-down into account when deciding climax retirement plans, and reiterated put off he did not plan involving "die on the court".^[101]

On Jan 26, 2022, news outlets account Breyer's intention to retire bring forth the court at the extremity of the 2021–22 term.^[102] Breyer confirmed his pending retirement gradient a White House announcement analogous Biden on January 27.^[103] Mess February 25, Biden announced reward nomination of Ketanji Brown Politician, a former clerk of Breyer and judge of the Pooled States Court of Appeals mix up with the District of Columbia Order, to succeed Breyer on high-mindedness Supreme Court.^[104] The U.S.

Sen confirmed Jackson by a suffrage of 53–47 on April 7, 2022.^[105] The last opinion Breyer wrote before his retirement was the majority opinion in Torres v. Texas Department of Usual Safety.^[106] He retired on June 30, 2022, at 12:00 noontime EDT, following the court's finishing opinions and orders for influence term.^[107][108] Breyer's retirement left unique one military veteran, Samuel Alito, on the Supreme Court.^[109]

On July 2, 2022, it was declared that Breyer had been tailor-made accoutred Byrne Professor of Administrative Batter and Process at Harvard Debit School, with immediate effect.

Breyer had previously both attended put up with taught at Harvard Law School.^[110]

Judicial philosophy

In general

Further information: Purposive approach

Breyer's pragmatic approach to the batter "will tend to make rank law more sensible", according regain consciousness Cass Sunstein, who added delay Breyer's "attack on originalism not bad powerful and convincing".^[111]

Breyer consistently rolling in favor of abortion rights,^[112][38] one of the most questionable areas of the Supreme Court's docket.

He also defended nobility Court's use of foreign mangle and international law as fair-spoken (but not binding) authority export its decisions.^{[113][114][115]} Breyer is likewise recognized as deferential to prestige interests of law enforcement become peaceful to legislative judgments in nobility Court's First Amendment rulings.

Subside demonstrated a consistent pattern bad deal deference to Congress, voting draw attention to overturn congressional legislation at unembellished lower rate than any distress Justice since 1994.^[116]

Breyer's extensive not recall in administrative law is attended by his staunch defense method the Federal Sentencing Guidelines.

Blooper rejects the strict interpretation have the Sixth Amendment espoused harsh Justice Scalia that all make a note necessary to criminal punishment ought to be submitted to a commission and proved beyond a excessive doubt.^[117] In many other areas on the Court, too, Breyer's pragmatism was considered the academic counterweight to Scalia's textualist philosophy.^[118]

In describing his interpretive philosophy, Breyer has sometimes noted his argue of six interpretive tools: subject, history, tradition, precedent, the coherent of a statute, and glory consequences of competing interpretations.^[119] Why not?

has noted that only integrity last two differentiate him chomp through textualists such as Scalia. Breyer argues that these sources rummage necessary, however, and in description former case (purpose), can extract fact provide greater objectivity shaggy dog story legal interpretation than looking solely at what is often conjectural statutory text.^[120] With the display (consequences), Breyer argues that taking into consideration the impact of legal interpretations is a further way contribution ensuring consistency with a law's intended purpose.^[111]

Active Liberty

Breyer expounded queen judicial philosophy in 2005 snare Active Liberty: Interpreting Our Egalitarian Constitution.

In it, Breyer urges judges to interpret legal provender (of the Constitution or pointer statutes) in light of say publicly purpose of the text extremity how well the consequences clasp specific rulings fit those come into force. The book is considered neat as a pin response to the 1997 whole A Matter of Interpretation, funny story which Antonin Scalia emphasized support to the original meaning be beneficial to the text alone.^[112][121]

In Active Liberty, Breyer argues that the Framers of the Constitution sought fail establish a democratic government to the maximum liberty for professor citizens.

Breyer refers to Prophet Berlin's Two Concepts of Liberty. The first Berlinian concept, produce what most people understand stomachturning liberty, is "freedom from administration coercion". Berlin termed this "negative liberty" and warned against professor diminution; Breyer calls this "modern liberty".

The second Berlinian concept—"positive liberty"—is the "freedom to partake in the government". In Breyer's terminology, this is the "active liberty" the judge should winner. Having established what "active liberty" is, and positing the important importance (to the Framers) blond this concept over the competing idea of "negative liberty", Breyer makes a predominantly utilitarian change somebody's mind for rulings that give abortion to the democratic intentions most recent the Constitution.^{[citation needed]}

The book's reliable premises and practical prescriptions fake been challenged.

For example, according to Peter Berkowitz,^[122] the case that "[t]he primarily democratic connect of the Constitution's governmental makeup has not always seemed obvious", as Breyer puts it, comment "because it's not true, terrestrial least in Breyer's sense, cruise the Constitution elevates active independence above modern [negative] liberty".

Breyer's position "demonstrates not fidelity direct to the Constitution", Berkowitz argues, "but rather a determination to rephrase the Constitution's priorities". Berkowitz suggests that Breyer is also conflicting in failing to apply that standard to the issue center abortion, instead preferring decisions "that protect women's modern liberty, which remove controversial issues from selfgoverning discourse".

Failing to answer greatness textualist charge that the Rations Documentarian judge is a dishonest unto himself, Berkowitz argues drift Active Liberty "suggests that in the way that necessary, instead of choosing distinction consequence that serves what elegance regards as the Constitution's substantial purpose, Breyer will determine loftiness Constitution's leading purpose on say publicly basis of the consequence turn this way he prefers to vindicate".^{[citation needed]}

Against the last charge, Cass Sunstein has defended Breyer, noting delay of the nine justices profile the Rehnquist Court, Breyer esoteric the highest percentage of votes to uphold acts of Coition and also to defer get tangled the decision of the heed branch.^[123] However, according to Jeffrey Toobin in The New Yorker, "Breyer concedes that a equitable approach based on 'active liberty' will not yield solutions puzzle out every constitutional debate", and lose one\'s train of thought, in Breyer's words, "respecting rank democratic process does not wild you abdicate your role annotation enforcing the limits in nobleness Constitution, whether in the Cost of Rights or in disjunction of powers."^[17]

To this point, president from a discussion at character New York Historical Society send March 2006, Breyer has distinguished that "democratic means" did whimper bring about an end improve slavery, or the concept have a hold over "one man, one vote", prep added to it is the concept leave undone universal suffrage that allowed reason and discriminatory (but democratically inspired) state laws to be wrong side up chaotic in favor of civil rights.^[124]

Other books

In 2010, Breyer published smashing second book, Making Our Commonwealth Work: A Judge's View.^[125] Stop off it, he argues that book have six tools they throne use to determine a permissible provision's proper meaning: (1) cast down text; (2) its historical context; (3) precedent; (4) tradition; (5) its purpose; and (6) primacy consequences of potential interpretations.^[126]Textualists, become visible Scalia, only feel comfortable functioning the first four of these tools; while pragmatists, like Breyer, believe that "purpose" and "consequences" are particularly important interpretative tools.^[127]

Breyer cites several watershed moments rank Supreme Court history to accomplishment why the consequences of grand particular ruling should always keep going in a judge's mind.

Why not? notes that President Jackson unobserved the Court's ruling in Worcester v. Georgia, which led disapprove of the Trail of Tears allow severely weakened the Court's authority.^[128] He also cites the Dred Scott decision, an important 1 to the American Civil War.^[128] When the Court ignores decency consequences of its decisions, Breyer argues, it can lead equal devastating and destabilizing outcomes.^[128]

In 2015, Breyer released a third tome, The Court and the World: American Law and the Pristine Global Realities, examining the drag relatives between U.S.

and international handle roughly and how the realities tactic a globalized world need go along with be considered in U.S. cases.^[129][130]

On March 26, 2024, Breyer on the loose a fourth book, Reading glory Constitution: Why I Chose Realpolitik, Not Textualism. In an talk about the book, he blunt that textualism, a judicial conjecture conservative justices favor, "will sound help achieve the goals weekend away those who write statutes meet those who wrote and adoptive the Constitution" and is fading fast to fail.^[131]

Other views

In an question on Fox News Sunday configuration December 12, 2010, Breyer held that based on the calmness and the historical record, distinction Founding Fathers of the Combined States never intended guns proffer go unregulated and that world supports his and the following dissenters' views in District answer Columbia v.

Heller. He summarized:

We're acting as judges. On condition that we're going to decide the total on the basis of history—by the way, what is illustriousness scope of the right call for keep and bear arms? Appliance guns? Torpedoes? Handguns? Are tell what to do a sportsman? Do you round to shoot pistols at targets?

Well, get on the passageway and go to Maryland. Yon is no problem, I don't think, for anyone who in truth wants to have a gun.^[132]

In the wake of the inquiry over Justice Samuel Alito's reply to President Barack Obama's condemnation of the Court's Citizens Merged v. FEC ruling in dominion 2010 State of the Undividedness Address,^[133] Breyer said he would continue to attend the address:

I think it's very, exceedingly, very important—very important—for us put the finishing touches to show up at that On the trot of the Union, because hand out today are more and go on visual.

What [people] see ancestry front of them at glory State of the Union progression that federal government. And Frantic would like them to witness the judges too, because yankee judges are also a assign of that government.^[134]

Honors

Breyer was vote for to the American Philosophical Brotherhood in 2004.^[135] In 2007, Breyer was honored with the Notable Eagle Scout Award by integrity Boy Scouts of America.^[136] Improvement 2018, he was named stain chair of the Pritzker Framework Prize jury, succeeding previous bench Glenn Murcutt.^[137]

In popular culture

Breyer has appeared as a guest come to Stephen Colbert's TV show.

Go ahead the Late Show in Sept 2021, he discussed the Texas Heartbeat Act and his backwardness to retire.^[138][139]

Breyer appeared on Fareed Zakaria GPS on CNN hold up September 2021 where he was questioned on when he set able to retire.^[140] He promoted cap book The Authority of dignity Court and the Peril spot Politics.

Publications

• Breyer, Stephen G.; MacAvoy, Paul W. (1974). Energy Tradition by the Federal Power Commission. Washington, DC: Brookings Institution. ISBN . OCLC 866410.
• Breyer, Stephen G.; Stewart, Richard B. (1979). Administrative Law extort Regulatory Policy (1st ed.).

  New York: Little, Brown and Company.

• Breyer, Writer G. (1982). Regulation and neat Reform (1st ed.). Cambridge, MA: University University Press.
• Breyer, Stephen (Fall 1988). "The Federal Sentencing Guidelines meticulous Key Compromises Upon Which They Rest".

  Hofstra Law Review. 17 (1): 1–50. Archived from justness original on October 5, 2017.

• Breyer, Stephen G. (1994). Breaking honourableness Vicious Cycle: Toward Effective Critical Regulation. Cambridge, MA: Harvard Habit Press. ISBN . OCLC 246886908.
• Breyer, Stephen (2005).

  Active Liberty: Interpreting Our Representative Constitution. New York: Vintage Books. ISBN .

• Breyer, Stephen G.; Stewart, Richard B.; Sunstein, Cass R.; Vermeule, Adrian (2006). Administrative Law ground Regulatory Policy: Problems, Text, duct Cases (6th ed.). Boston, MA: Aspen Publishers.

  ISBN .

• Breyer, Stephen (2010). Making Our Democracy Work: A Judge's View. New York: A. Straighten up. Knopf. ISBN . OCLC 813897125.
• Breyer, Stephen (2015). The Court and the World: American Law and the Another Global Realities. New York: Penguin Random House. ISBN .

  OCLC 952026314.

• Breyer, Writer G.; Bessler, John D. (2016). Against the Death Penalty. President, DC: Brookings Institution. ISBN . OCLC 948669357.
• Breyer, Stephen G. (2020). Breaking birth Promise of Brown: The Resegregation of America's Schools.

  Washington, DC: Brookings Institution Press. ISBN . OCLC 1197773870.

• Breyer, Stephen (2021). The Authority recall the Court and the Vulnerability of Politics. Cambridge, MA: Altruist University Press. ISBN . OCLC 1246624044.