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Stephen Gerald Breyer
Stephen Breyer
Incumbent
Assumed office 
August 3, 1994
Nominated by Bill Clinton
Preceded by Harry A. Blackmun
Born August 15, 1938 (1938-08-15) (age 69)
San Francisco, California
Spouse Joanna Freda Hare
Alma mater Stanford University
University of Oxford
Harvard University
Religion Jewish

Stephen Gerald Breyer (born August 15, 1938) is an American attorney, political figure, and jurist. Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States Events 8 - Roman Empire General Tiberius defeats Dalmatians on the river Bathinus. Year 1994 ( MCMXCIV) was a Common year starting on Saturday (link will display full 1994 Gregorian calendar) William Jefferson "Bill" Clinton (born William Jefferson Blythe III, August 19 1946 served as the forty-second President of the United States Harry Andrew Blackmun ( November 12, 1908 &ndash March 4, 1999) was an Associate Justice of the Supreme Court of the United States Events 778 - The Battle of Roncevaux Pass, at which Roland is killed Year 1938 ( MCMXXXVIII) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar. The City and County of San Francisco is the fourth most populous city California ( is a US state on the West Coast of the United States, along the Pacific Ocean. Alma mater is Latin for "nourishing mother" It was used in Ancient Rome as a title for the mother Goddess, and in Medieval Leland Stanford Junior University, commonly known as Stanford University or simply Stanford, is a private Research university located in The University of Oxford (informally "Oxford University" or simply "Oxford" located in the city of Oxford, Oxfordshire, England is the PLEASE TAKE NOTE************ Events 778 - The Battle of Roncevaux Pass, at which Roland is killed Year 1938 ( MCMXXXVIII) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar. The law of the United States was originally largely derived from the Common law system of English law, which was in force at the time of the Revolutionary Politics of the United States takes place in the framework of a presidential, Federal republic where the President of the United States (the Head of The United States federal courts are the system of Courts organized under the Constitution and laws of the Federal government of the United States Since 1994, he has served as an Associate Justice of the U.S. Supreme Court. Associate Justice or Associate Judge is the title for a member of a judicial panel who is not the Chief Justice. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Appointed by Democratic President Bill Clinton, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court. The Democratic Party is one of two major Political parties in the United States, the other being the Republican Party. William Jefferson "Bill" Clinton (born William Jefferson Blythe III, August 19 1946 served as the forty-second President of the United States Pragmatism generally considered to have originated in the late nineteenth century with Charles Peirce, who first stated the Pragmatic maxim. [1]

Following a clerkship with Supreme Court Associate Justice Arthur Goldberg in 1964, Breyer became well-known as a law professor and lecturer at Harvard Law School starting in 1967. A law clerk or a judicial clerk is a person who provides assistance to a Judge in researching issues before the Court and in writing opinions Arthur Joseph Goldberg ( August 8 1908 &ndash January 19 1990) was an American statesman and jurist who served as the U Harvard Law School (also known as Harvard Law or HLS) is one of the professional Graduate schools of Harvard University. There he specialized in the area of administrative law, writing a number of influential text books that remain in use today. Administrative law is the body of Law that governs the activities of administrative agencies of Government. Other prominent positions before being nominated for the Supreme Court included serving as special assistant to the United States Assistant Attorney General for Antitrust and as an assistant special prosecutor on the Watergate Special Prosecution Force in 1973. Many of the divisions and offices of the United States Department of Justice are headed by an Assistant Attorney General. A special prosecutor generally is a Lawyer from outside the Government appointed by an Attorney general or Congress to investigate a government The Watergate scandals were a series of Political scandals during the presidency of Richard Nixon that resulted in the Indictment of several of Nixon's

Breyer is currently known as an intellectual leader of the liberal wing of the Supreme Court, and particularly as a counter to the conservative Justice Antonin Scalia. (born March 11, 1936) is an American Jurist and the second most senior Associate Justice of the Supreme Court of the United States In his 2005 book Active Liberty, Breyer made his first attempt to systematically lay out his views on legal theory, arguing that the judiciary should seek to resolve issues so as best to encourage popular participation in governmental decisions. Active Liberty Interpreting Our Democratic Constitution is a 2005 book by United States Supreme Court Justice Stephen Breyer. In Law, the judiciary or judicial system is the system of Courts which administer Justice in the name of the sovereign or State His views and approach have been described by others as pragmatic but also deferential to the legislative branches.

Contents

Early life and education

Breyer was born to Irving Gerald Breyer and Anne A. Roberts,[2] a middle-class Jewish family in San Francisco, California. The middle class, in colloquial usage consists of those who have some economic independence but not a great deal of social Influence or power. PLEASE TAKE NOTE************ The City and County of San Francisco is the fourth most populous city Breyer's father was legal counsel for the San Francisco Board of Education. [3] Both Breyer and his younger brother Charles, who is a federal district judge, are Eagle Scouts. [4][5] In 2007, Breyer was honored with the Distinguished Eagle Scout Award by the Boy Scouts of America. The Distinguished Eagle Scout Award (DESA is a distinguished service award of the Boy Scouts of America. The Boy Scouts of America ( BSA) is the largest youth organization in the United States with over five million [6] In 1955, Breyer graduated from Lowell High School. Lowell High School, a public Magnet school in San Francisco, is the oldest public High school west of the Mississippi in the At Lowell, he was a member of the Lowell Forensic Society and debated regularly in high school debate tournaments, including against California governor Jerry Brown and future Harvard Law School professor Laurence Tribe. The Lowell Forensic Society, founded in 1892 is the oldest high school speech and debate team in the nation and also the largest organization at Lowell High School in San Francisco The Governor of California is the highest executive authority in the state government whose responsibilities include making annual "State of the State" addresses Edmund Gerald "Jerry" Brown Jr (born April 7, 1938) is the current Attorney General and former governor of the State of Laurence Henry Tribe (born October 10, 1941) is a professor of Constitutional law at Harvard Law School and the Carl M [7]

After graduating from Lowell, Breyer went on to receive a Bachelor of Arts in philosophy from Stanford University, a Bachelor of Arts from Magdalen College at the University of Oxford as a Marshall Scholar, and a Bachelor of Laws (LL. Philosophy is the study of general problems concerning matters such as existence knowledge truth beauty justice validity mind and language Leland Stanford Junior University, commonly known as Stanford University or simply Stanford, is a private Research university located in Magdalen College redirects here see also Magdalene College Cambridge Magdalen College (ˈmɔːdlɨn "maudlin" is one of the constituent The University of Oxford (informally "Oxford University" or simply "Oxford" located in the city of Oxford, Oxfordshire, England is the Marshall Scholarships awards a graduating American undergraduate can receive created by the British Parliament when the Marshall Aid Commemoration Act was The Bachelor of Laws (abbreviated LLB, LLB or rarely LlB) is an undergraduate or bachelor degree in law offered in most Common law B) from Harvard Law School. Breyer is also fluent in French.

In 1967, he married Hon. Joanna Freda Hare, a psychologist and member of the British aristocracy (the youngest daughter of John Hare, 1st Viscount Blakenham). Mental health professional A psychologist is a practitioner of Psychology, the systematic investigation of the mind including Behavior, Cognition, John Hugh Hare 1st Viscount Blakenham, OBE, PC, ( January 22 1911 &ndash March 7 1982) was a British peer and The Breyers have three grown children, Chloe (an Episcopal priest, and author of The Close), Nell, and Michael. The Episcopal Church is the official name of the Province of the Anglican Communion in the United States. [8]

Legal career

Breyer served as a law clerk to Associate Justice Arthur Goldberg during the 1964 term (list). A law clerk or a judicial clerk is a person who provides assistance to a Judge in researching issues before the Court and in writing opinions Arthur Joseph Goldberg ( August 8 1908 &ndash January 19 1990) was an American statesman and jurist who served as the U Law clerks have assisted Supreme Court Justices in various capacities since the first one was hired by Justice Horace Gray in the 1880s He was a special assistant to the United States Assistant Attorney General for Antitrust from 1965 to 1967 and an assistant special prosecutor on the Watergate Special Prosecution Force in 1973. Many of the divisions and offices of the United States Department of Justice are headed by an Assistant Attorney General. A special prosecutor generally is a Lawyer from outside the Government appointed by an Attorney general or Congress to investigate a government The Watergate scandals were a series of Political scandals during the presidency of Richard Nixon that resulted in the Indictment of several of Nixon's Breyer was a special counsel to the U.S. Senate Committee on the Judiciary from 1974 to 1975 and served as chief counsel of the committee from 1979 to 1980. The United States Senate Committee on the Judiciary (informally Senate Judiciary Committee) is a Standing committee of the United States Senate, the [8] He worked closely with the chairman of the committee, Senator Edward M. Kennedy of Massachusetts, and helped pass the Airline Deregulation Act that closed the Civil Aeronautics Board. Edward Moore "Ted" Kennedy (born February 22 1932 is the senior United States Senator from Massachusetts and a member of the Democratic The Commonwealth of Massachusetts ( is a state located in the New England region of the northeastern United States. The Airline Deregulation Act (or ADA) is a United States federal law signed into law on October 24, 1978. Governments have played an important part in shaping air transportation [7]

Breyer became an assistant professor, law professor, and lecturer at Harvard Law School starting in 1967. Breyer taught at Harvard Law School until 1994, also serving as a professor at Harvard's Kennedy School of Government from 1977 to 1980. The John F Kennedy School of Government at Harvard University (also known as Harvard Kennedy School and HKS) is a Public policy and At Harvard, Breyer was known as a leading expert on administrative law. Administrative law is the body of Law that governs the activities of administrative agencies of Government. [9] While there, he wrote two highly influential books on deregulation: Breaking the Vicious Circle: Toward Effective Risk Regulation and Regulation and Its Reform. In 1970, Breyer wrote "The Uneasy Case for Copyright", one of the most widely cited skeptical examinations of copyright. " The Uneasy Case for Copyright A Study of Copyright in Books Photocopies and Computer Programs " was an article in the Harvard Law Review by future Breyer was a visiting professor at the College of Law in Sydney, Australia, and later at the University of Rome. Sydney (ˈsɪdniː is the most populous city in Australia, with a Metropolitan area population of approximately 4 For a topic outline on this subject see List of basic Australia topics. Sapienza University of Rome ( Italian Sapienza Università di Roma) is a coeducational autonomous state university in Rome, Italy [8]

Judicial career

Stephen Breyer
Stephen Breyer

From 1980 to 1994, Breyer served as a Judge on the United States Court of Appeals for the First Circuit, including as the court's Chief Judge from 1990 to 1994. The United States Court of Appeals for the First Circuit is a federal court with Appellate jurisdiction over the district courts in the following districts Chief Judge is a title that can refer to the highest-ranking Judge of a Court that has more than one judge [8] He was nominated to the Court of Appeals by President Jimmy Carter on November 13, 1980. The U. S. Senate confirmed Breyer on December 9, 1980 by an 80-10 vote, in the last days of the Carter administration. James Earl "Jimmy" Carter Jr (born October 1 1924 was the thirty-ninth President of the United States, serving from 1977 to 1981 and the recipient of the 2002 [10] He served as a member of the Judicial Conference of the United States between 1990 and 1994 and the United States Sentencing Commission between 1985 and 1989. The Judicial Conference of the United States, formerly known as Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal The United States Sentencing Commission is an independent agency of the judicial branch of the Federal government of the United States. [8] On the sentencing commission, Breyer played a key role in reforming federal criminal sentencing procedures, producing the Federal Sentencing Guidelines, which were formulated to increase uniformity in sentences for criminal cases. The Federal Sentencing Guidelines are rules that set out a uniform sentencing policy for convicted defendants in the United States federal court system [11]

In 1993, President Bill Clinton considered him for the seat vacated by Byron White that ultimately went to Justice Ruth Bader Ginsburg. The President of the United States is the Head of state and Head of government of the United States and is the highest political official in United States by William Jefferson "Bill" Clinton (born William Jefferson Blythe III, August 19 1946 served as the forty-second President of the United States Byron Raymond White ( June 8, 1917 &ndash April 15, 2002) won fame both as a football Running back and as an associate justice of Ruth Joan Bader Ginsburg (born March 15 1933 Brooklyn New York) is an Associate Justice on the U [12] Breyer's appointment came shortly thereafter, however, following the retirement of Harry Blackmun in 1994, and Clinton nominated Breyer as an Associate Justice of the Supreme Court on May 17 of that year. Harry Andrew Blackmun ( November 12, 1908 &ndash March 4, 1999) was an Associate Justice of the Supreme Court of the United States Events 1521 - Edward Stafford 3rd Duke of Buckingham, is executed for Treason. Breyer was confirmed by the U.S. Senate in an 87 to 9 vote and took his seat August 3, 1994. The United States Senate is the Upper house of the bicameral United States Congress, the Lower house being the House of Representatives Events 8 - Roman Empire General Tiberius defeats Dalmatians on the river Bathinus. Year 1994 ( MCMXCIV) was a Common year starting on Saturday (link will display full 1994 Gregorian calendar) [8] Breyer was the second-longest-serving "junior justice" in the history of the Court, close to surpassing the record set by Justice Joseph Story of 4,228 days (from February 3, 1812 to September 1, 1823); Breyer fell 29 days short of tying this record, which he would have reached on March 1, 2006, had Justice Samuel Alito not joined the Court on January 31, 2006. Joseph Story ( September 18, 1779 &ndash September 10, 1845) was an American Lawyer and Jurist who served on Events 1112 - Ramon Berenguer III of Barcelona and Douce I of Provence marry uniting the fortunes of those two states Year 1812 ( MDCCCXII) a leap year started on Wednesday (link will display the full calendar of the Gregorian calendar (or a Leap year Events 462 - Possible start of first Byzantine indiction cycle. Year 1823 ( MDCCCXXIII) was a Common year starting on Wednesday (link will display the full calendar of the Gregorian Calendar (or a Common Events 86 BC - Lucius Cornelius Sulla, at the head of a Roman Republic army enters in Athens, removing the Tyrant Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Samuel Anthony Alito Jr (born April 1, 1950) is an Associate Justice of the Supreme Court of the United States. Events 1504 - France cedes Naples to Aragon. 1606 - Gunpowder Plot: Guy Fawkes Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Although Chief Justice Roberts joined the Court in September of 2005, the duties of the junior Justice never fall upon the Chief Justice, who is considered primus inter pares—first among equals. John Glover Roberts Jr (born January 27 1955) is the seventeenth and current Chief Justice of the United States. Primus inter pares ( Latin) or First among equals is a phrase which indicates that a person is the most senior of a group of people

Judicial philosophy

In general

On the bench, Breyer generally takes a pragmatic approach to constitutional issues, interested more in producing coherence and continuity in the law than in following doctrinal, historical or textual strictures. Pragmatism generally considered to have originated in the late nineteenth century with Charles Peirce, who first stated the Pragmatic maxim. [13] He has said that while some of his colleagues "emphasize language, a more literal reading of the text, history and tradition," he looks more closely to the "purpose and consequences" of the text. [14]

Breyer most frequently sides with Justices John Paul Stevens, David Souter and Ruth Bader Ginsburg, generally acknowledged as the "liberal" wing of the court. John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. For the Australian artist see David Henry Souter. David Hackett Souter (ˈsutɚ born September 17, 1939) has been an Ruth Joan Bader Ginsburg (born March 15 1933 Brooklyn New York) is an Associate Justice on the U [15] He has consistently voted in favor of abortion rights,[16] one of the most controversial areas of the Supreme Court's docket. An He has also defended the Supreme Court's use of international law as persuasive (but not binding) authority in its decisions. International law is the term commonly used for referring to the system of implicit and explicit agreements that bind together nation-states in adherence to recognized values and standards [17][18][19] However, Breyer is also recognized to be deferential to the interests of law enforcement and to legislative judgments in the Supreme Court's First Amendment rulings. Breyer has also demonstrated a consistent pattern of deference to Congress, voting to overturn congressional legislation at a lower rate than any other Supreme Court justice since 1994. [20]

Breyer's extensive experience in administrative law is accompanied by his staunch defense of the Federal Sentencing Guidelines. Administrative law is the body of Law that governs the activities of administrative agencies of Government. The Federal Sentencing Guidelines are rules that set out a uniform sentencing policy for convicted defendants in the United States federal court system Breyer rejects the strict interpretation of the Sixth Amendment espoused by Justice Scalia that all facts necessary to criminal punishment must be submitted to a jury and proved beyond a reasonable doubt. The Sixth Amendment of the United States Constitution sets forth rights related to criminal prosecutions in federal courts (born March 11, 1936) is an American Jurist and the second most senior Associate Justice of the Supreme Court of the United States [21] In many other areas on the Court, too, Breyer's pragmatism is considered the intellectual counterweight to Scalia's textualist philosophy. Textualism is a formalist theory of statutory interpretation which holds that a Statute 's ordinary meaning should govern its interpretation as opposed to inquiries [22]

In describing his interpretive philosophy, Breyer has sometimes noted his use of six interpretive tools: text, history, tradition, precedent, the purpose of a statute, and the consequences of competing interpretations. [23] Breyer notes that only the latter two differentiate him from strict constructionists on the Supreme Court such as Scalia. Breyer argues that these sources are necessary, however, and in the former case (purpose, or legislative intent), can in fact provide greater objectivity in legal interpretation than looking merely to what can often be ambiguous statutory text. [24] With the latter (consequences), Breyer argues that considering the impact of legal interpretations is a further way of ensuring consistency with a law's intended purpose. [25]

Active Liberty

Breyer expounded on his judicial philosophy in 2005 in Active Liberty: Interpreting Our Democratic Constitution. Active Liberty Interpreting Our Democratic Constitution is a 2005 book by United States Supreme Court Justice Stephen Breyer. In it, Breyer urges judges to interpret legal provisions (of the Constitution or of statutes) in light of the purpose of the text and how well the consequences of specific rulings will fit those purposes. The book is considered a response to the 1997 book A Matter of Interpretation, in which Antonin Scalia emphasized adherence to the original meaning of the text alone. (born March 11, 1936) is an American Jurist and the second most senior Associate Justice of the Supreme Court of the United States [26][27]

In Active Liberty, Breyer argues that the Framers of the Constitution sought to establish a democratic government involving the maximum liberty for its citizens. The Founding Fathers of the United States are the Political leaders who signed the Declaration of Independence or otherwise participated in the Breyer refers to Isaiah Berlin’s Two Concepts of Liberty. Sir Isaiah Berlin, OM (6 June 1909 &ndash 5 November 1997 was a philosopher and historian of ideas regarded as one of the leading liberal thinkers of the twentieth century The first Berlinian concept, being what most people understand by liberty, is "freedom from government coercion;" Berlin termed this negative liberty and warned against its diminution. The concept of negative liberty refers to freedom from interference by other people Breyer terms this "modern liberty. " The second Berlinian concept — to Berlin, "positive liberty" — is the "freedom to participate in the government;" In Breyer's terminology, this is the "active liberty," which the judge should champion. ||-||} Positive liberty refers to the opportunity and ability to act to fulfill one's own potential as opposed to Negative liberty, which refers to freedom from Having established this premise of what liberty is, and having posited the primary importance of this concept over the competing idea of "Negative Liberty" to the Framers, Breyer argues a predominantly utilitarian case for judges making rulings which give effect to the democratic intentions of the Constitution. Utilitarianism is the idea that the moral worth of an action is solely determined by its contribution to overall Utility, that is its contribution to happiness The Constitution of the United States of America is the supreme Law of the United States.

Both of the books' historical premises and practical prescriptions have been challenged. For example, according to Prof. Peter Berkowitz,[28] the reason that "[t]he primarily democratic nature of the Constitution's governmental structure has not always seemed obvious," as Breyer puts it, is "because it’s not true, at least in Breyer's sense that the Constitution elevates active liberty above modern [negative] liberty. " Breyer's position "demonstrates not fidelity to the Constitution," Berkowitz argues, "but rather a determination to rewrite the Constitution’s priorities. " Berkowitz suggests that Breyer is also inconsistent, in failing to apply this standard to the issue of abortion, instead preferring decisions "that protect women’s modern liberty, which remove controversial issues from democratic discourse. " Failing to answer the textualist charge that the Living Documentarian Judge is a law unto himself, Berkowitz argues that Active Liberty "suggests that when necessary, instead of choosing the consequence that serves what he regards as the Constitution’s leading purpose, Breyer will determine the Constitution’s leading purpose on the basis of the consequence that he prefers to vindicate. Textualism is a formalist theory of statutory interpretation which holds that a Statute 's ordinary meaning should govern its interpretation as opposed to inquiries The Living Constitution is a concept in Constitutional interpretation which suggests that the Constitution should be seen as continually evolving with the society "

Against the last charge, Professor Cass Sunstein has defended Breyer, noting that of the 9 justices on the late Rehnquist Court, Breyer in fact showed the highest percentage of votes to uphold acts of Congress and also to defer to the decision of the executive branch. Cass R Sunstein (born 1954 is an American preeminent legal scholar particularly in the fields of constitutional law administrative law environmental law and [29] However, according to Jeffrey Toobin in The New Yorker, "Breyer concedes that a judicial approach based on 'active liberty' will not yield solutions to every constitutional debate," and that, in Breyer's words, "Respecting the democratic process does not mean you abdicate your role of enforcing the limits in the Constitution, whether in the Bill of Rights or in separation of powers. The New Yorker is an American Magazine that publishes reportage commentary criticism essays fiction satire cartoons and poetry "[30]

To his point, and from a discussion at the New York Historical Society in March 2006, Breyer has noted that "democratic means" did not bring about an end to slavery (the Emancipation Proclamation, an executive order, did) or the concept of "one man, one vote," which allowed corrupt and discriminatory (but democratic-inspired) state laws to be overturned in favor of civil rights. As a social-economic system slavery is a legal institution under which a Person (called "a slave" is compelled to work for another The Emancipation Proclamation consists of two executive orders issued by United States President Abraham Lincoln during the American Civil War. [31]

Writing style

Breyer is well-known for his personal writing style, in which he never uses footnotes in his opinions. A footnote (or bootnote) is a note of text placed at the bottom of a page in a book or document He feels that keeping all citations in the text results in better, more readable writing that can be better appreciated by the general public. Case citation is the system used in many countries to identify the decisions in past Court cases either in special series of books called reporters [32]

Footnotes

  1. ^ Kersch, Ken (2006) Justice Breyer's Mandarin Liberty. 73 U. Chi. L. Rev. 759, 765 ("As his decision to characterize both the New Deal and Warren Courts as centrally committed to democracy and "active liberty" makes clear, Justice Breyer identifies his own constitutional agenda with that of these earlier courts, and positions himself, in significant respects, as a partisan of midcentury constitutional liberalism. ")
  2. ^ Geneaology records, Ancestry. com. Accessed 10/26/2007
  3. ^ Oyez Bio, Retrieved 3/21/07
  4. ^ Townley, Alvin [2006-12-26]. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Events 1481 - Battle of Westbrook - Holland defeats troops of Utrecht. Legacy of Honor: The Values and Influence of America's Eagle Scouts. New York: St. Martin's Press, pp. 56-59. ISBN 0-312-36653-1. Retrieved on 2006-12-29. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Events 1170 - Thomas Becket: Thomas Becket Archbishop of Canterbury is assassinated inside Canterbury Cathedral by followers of King Henry II  
  5. ^ Ray, Mark (2007). What It Means to Be an Eagle Scout. Scouting Magazine. Boy Scouts of America. Retrieved on 2007-01-05. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1477 - Battle of Nancy: Charles the Bold is killed and Burgundy becomes part of France.
  6. ^ "Distinguished Eagle Scout Award" (2007). Scouting Magazine (November - December 2007): 10.  
  7. ^ a b Oyez Bio, retrieved 3/21/07 (For Brown; need cite for Tribe)
  8. ^ a b c d e f The Justices of the Supreme Court, retrieved on 3/20/2007
  9. ^ The dilemmas of risk regulation -- Breaking the Vicious Circle by Stephen Breyer, by Sheila Jasanoff. Issues in Science and Technology, Spring 1994.
  10. ^ Tough Questions for Judge Bryer. The New York Times. July 10, 2004. Retrieved 3/8/08
  11. ^ Justice Breyer Should Recuse Himself from Ruling on Constitutionality of Federal Sentencing Guidelines, Duke Law Professor Says Duke University News. Tuesday, September 28, 2004.
  12. ^ Berke, Richard. The Overview; Clinton Names Ruth Ginsburg, Advocate for Women, to Court. The New York Times, published June 15, 1993.
  13. ^ Sunstein, Cass Breyer's Judicial Pragmatism University of Chicago Law School. November, 2005. (SSRN)
  14. ^ Supreme Court Justices Says Consequences Key To Constitutionality. The Associated Press, February 9, 2006. Retrieved 3/23/07
  15. ^ Wittes, Benjamin Memo to John Roberts. Washington Post, 25 September 2005.
  16. ^ Stenberg v. Carhart, 530 U. S. 914 (2000)
  17. ^ Transcript of Discussion Between Antonin Scalia and Stephen Breyer. AU Washington College of Law, Jan. 13. Retrieved on 3/21/07
  18. ^ Pearlstein, Deborah. Who's Afraid of International Law. The American Prospect Online, 4/5/05. Retrieved on 3/21/07.
  19. ^ Roper v. Simmons, 543 U. S. 551 (2005); Lawrence v. Texas, 539 U. S. 558 (2003); Atkins v. Virginia, 536 U. S. 304 (2002)
  20. ^ Gewirtz, Paul and Chad Golder. So Who Are the Activists?. The New York Times, published July 6, 2005. Retrieved 3/23/07
  21. ^ Blakely v. Washington, 542 U. Blakely v Washington, 542 US 296 ( 2004) held that in the context of mandatory state sentencing guidelines the Sixth Amendment right to S. 296 (2004)
  22. ^ Consent of the Governed, by Kathleen M. Sullivan. New York Times. February 5, 2006.
  23. ^ Lithwick, Dalia. Justice Grover Versus Justice Oscar. Slate, Dec. 6 2006. Retrieved on 3/19/07.
  24. ^ Interview with Nina Totenberg, NPR, Sep. 30, 2005. Retrieved on 3/19/07.
  25. ^ Sunstein at 12 ("Breyer thinks that as compared with a single-minded focus on literal text, his approach will tend to make the law more sensible, almost by definition. He also contends that it 'helps to implement the public's will and is therefore consistent with the Constitution's democratic purpose. ' Breyer concludes that an emphasis on legislative purpose 'means that laws will work better for the people they are presently meant to affect. Law is tied to life; and a failure to understand how a statute is so tied can undermine the very human activity that the law seeks to benefit' (p. 100). ")
  26. ^ Wittes, Benjamin. "Memo to John Roberts; Stephen Breyer, a cautious, liberal Supreme Court justice, explains his view of the law. " Washington Post. Sept. 25, 2005.
  27. ^ Feeney, Mark. "Author in the Court: Justice Stephen Breyer's New Book Reflects His Practical Approach to the Law. " Boston Globe. Oct. 3, 2005.
  28. ^ Democratizing the Constitution, by Peter Berkowitz. Accessed 10/26/2007.
  29. ^ Sunstein, pg. 7, citing Lori Ringhand, Judicial Activism and the Rehnquist Court, available on ssrn. com and Cass R. Sunstein and Thomas Miles, o Judges Make Regulatory Policy? An Empirical investigation of Chevron, U Chi L Rev (forthcoming 2006).
  30. ^ Breyer's Big Idea, by Jeffrey Toobin. The New Yorker, October 31, 2005.
  31. ^ Pakaluk, Maximilian (13 March, 2006). Chambered in a "Democratic Space". Justice Breyer explains his Constitution. National Review. Retrieved on 2007-10-31. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 445 BC – Ezra reads the Book of the Law to the Israelites in Jerusalem (see Nehemiah 91 NLTse
  32. ^ Breyer on Footnotes Needs a Footnote. New York Times, 4 August 1995

References

External links

Legal offices
New seat Judge of the U.S. Court of Appeals for the First Circuit
1980-1994		 Succeeded by
Sandra Lea Lynch
Preceded by
Levin Hicks Campbell		 Chief Judge of the U.S. Court of Appeals for the First Circuit
1990-1994		 Succeeded by
Juan R. Torruella
Preceded by
Harry Blackmun		 Associate Justice of the Supreme Court of the United States
1994-present		 Incumbent
Order of precedence in the United States of America
Preceded by
Ruth Bader Ginsburg		 United States order of precedence
as of 2008		 Succeeded by
Samuel Alito


Persondata
NAME Breyer, Stephen Gerald
ALTERNATIVE NAMES
SHORT DESCRIPTION Associate Justice of the U.S. Supreme Court
DATE OF BIRTH August 15, 1938
PLACE OF BIRTH San Francisco, California
DATE OF DEATH
PLACE OF DEATH
The United States Court of Appeals for the First Circuit is a federal court with Appellate jurisdiction over the district courts in the following districts Sandra Lea Lynch (born 1946 is the chief judge on the United States Court of Appeals for the First Circuit. Levin Hicks Campbell (born 1927 in Summit New Jersey) is an American federal Appellate Judge, serving on the United States Court The United States Court of Appeals for the First Circuit is a federal court with Appellate jurisdiction over the district courts in the following districts Juan R Torruella (born 1933) is a Puerto Rican jurist who currently serves as a Judge on the United States Court of Appeals for the First Circuit Harry Andrew Blackmun ( November 12, 1908 &ndash March 4, 1999) was an Associate Justice of the Supreme Court of the United States This is a list of past and present justices of the Supreme Court of the United States. The United States Order of precedence is a nominal and symbolic hierarchy of important positions within the government of the United States. Ruth Joan Bader Ginsburg (born March 15 1933 Brooklyn New York) is an Associate Justice on the U The United States Order of precedence is a nominal and symbolic hierarchy of important positions within the government of the United States. Samuel Anthony Alito Jr (born April 1, 1950) is an Associate Justice of the Supreme Court of the United States. Associate Justice or Associate Judge is the title for a member of a judicial panel who is not the Chief Justice. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Events 778 - The Battle of Roncevaux Pass, at which Roland is killed Year 1938 ( MCMXXXVIII) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar. The City and County of San Francisco is the fourth most populous city California ( is a US state on the West Coast of the United States, along the Pacific Ocean.
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