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Supreme Court

Purposes and consequences: A conversation with Justice Stephen Breyer

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

Supreme Court

Dear Stephen Breyer

The courtroom is full Thursday morning as everyone seems to have gotten used to the switch from Monday opinion days. The bar section is filled with quite a few lawyers who will be sworn in to the Supreme Court Bar after the day’s opinions, including the California Lawyers Association Taxation Section with an especially well-timed visit.

Solicitor General Elizabeth Prelogar leads a contingent from her office, including Deputy Solicitors General Brian Fletcher and Malcolm Stewart. Georgetown University Law Center

… Read the rest

Supreme Court

The Shakespeare docket: Breyer hears argument on tricks, trysts, and defamation

Presiding over the Corte Suprema di Cassazione on Monday night, Justice Stephen Breyer took the bench for his last case as a 16th century judge before his planned retirement this summer. The spring mock trial at the Shakespeare Theatre Company, “A Hero Defamed? Much Ado About Margaret,” brought before his court a challenge between maid and mistress.

The plaintiff, Hero, was the governor’s daughter on a seaside city in Sicily, and she was engaged to marry the young soldier … Read the rest

Supreme Court

Breyer speaks about his approach to judging and the value of diverse experience

Sitting at the edge of his seat on stage at the Law Library of Congress Thursday afternoon, soon-to-be-retired Justice Stephen Breyer was exuberant and humble as ever about his work on the court. 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 Court Fellows Program.

Minear began by asking about changes to the court since Breyer clerked for Justice Arthur … Read the rest