Purposes and consequences: A conversation with Justice Stephen Breyer

Purposes and consequences: A conversation with Justice Stephen Breyer

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With the publication of his latest book, Reading the Constitution: Why I Chose Pragmatism, Not Textualism, retired Justice Stephen Breyer talks with Ibrain Hernández about the moments that have marked his career, as well as his perspective on the role of judges in a constitutional democracy and his focus on purpose and consequences when interpreting the law. Their conversation has been edited for length and clarity.

Ibrain Hernández is a law student at Center for Economic Research and Teaching, … Read the rest

Florida man subject to lifetime sex-offender registration requirements argues that he is “in custody” for purposes of federal post-conviction laws

Florida man subject to lifetime sex-offender registration requirements argues that he is “in custody” for purposes of federal post-conviction laws

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

A person held in state prison can challenge the constitutionality of their criminal conviction in federal court through a legal tool known as a writ of habeas corpus. Habeas relief is available to anyone “in custody,” which the Supreme Court has interpreted to mean not only physical confinement but also … Read the rest

Over Gorsuch dissent, justices deny review in dispute over definition of “minister” for tax-exemption purposes

Over Gorsuch dissent, justices deny review in dispute over definition of “minister” for tax-exemption purposes

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After adding five cases to its merits docket for the spring on Friday, the Supreme Court on Tuesday morning issued more orders from the justices’ private conference last week. As expected, the justices did not grant any new cases. Perhaps most notably, they once again did not act on a pair of petitions challenging the consideration of race in the undergraduate admissions process at Harvard University and the University of North Carolina, nor did they act on a petition … Read the rest