Stephen G Breyer
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Description
An analysis by recently retired Supreme Court Justice Stephen Breyer that deconstructs the textualist philosophy of the current Supreme Court's supermajority and makes the case for a better way to interpret the Constitution.
"The relatively new judicial philosophy of textualism dominates the Supreme Court. Textualists claim that the right way to interpret the Constitution and statutes is to read the text carefully and examine the language as it was...
Author
Description
"Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the Court's history, he suggests that the judiciary's hard-won authority could be marred by reforms premised on the assumption of ideological bias. Breyer warns that political intervention could itself further erode public trust. Without the public's trust, the Court would no longer be able to act as a check on the other branches of government...