Results for "Breyer, Stephen"

A provocative, brilliant 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. “You will not read a more important legal work this e... Read More about Reading the Constitution: Why I Chose Pragmatism, Not Textualism

The full text of one of the most radical and controversial Supreme Court decisions in American history, highlighting the galvanizing dissent by Justices Breyer, Sotomayor, and Kagan ...Dobbs v Jackson, the landmark decision to overthrow the rights first granted to women in the Roe v Wade decision fi... Read More about We Dissent: Justices Breyer, Sotomayor, and Kagan on Dobbs v. Jackson, the Supreme Court's Decision Banning Abortion

A sitting justice reflects upon the authority of the Supreme Court--how that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues ... Read More about The Authority of the Court and the Peril of Politics

How government can forge dynamic public-private partnerships All too often government lacks the skill, the will, and the wallet to meet its missions. Schools fall short of the mark while roads and bridges fall into disrepair. Health care costs too much and delivers too little. Budgets bleed red in... Read More about Collaborative Governance: Private Roles for Public Goals in Turbulent Times

This is an extended, international edition of Justice Breyer's theory of constitutional interpretation, and the role of courts in a modern democracy. For the revised, international edition Breyer includes an examination of topical debates in Europe, including the legitimacy of the EU and religious f... Read More about Active Liberty: Interpreting a Democratic Constitution (Clarendon Law Lectures)

A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view, the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than "politicians in robes"?their ostensibly neutral judicial philosophies mere ca... Read More about The Authority of the Court and the Peril of Politics