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.
Stephen Breyer Books
Stephen Breyer gained renown as a professor and lecturer at Harvard Law School, specializing in administrative law and authoring influential textbooks. He is known for his pragmatic approach to constitutional law, generally aligning with the more liberal wing of the Court. In his 2005 book, he articulated a legal theory emphasizing active liberty and encouraging public participation in governmental decisions. His work explores how the judiciary can best resolve issues to foster democratic engagement.
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 fifty years ago, is the first U.S. Supreme Court decision in American history to actually take away from citizens a Constitutionally-protected right. As such it may be the most consequential Court ruling ever. Compounding matters, the decision opened the door to the overthrow of still further rights — such as same-sex marriage, for example, or equal rights for trans people. Nowhere is the danger of this decision made more clear than in the sobering yet electrifying dissent filed by Justices Breyer, Sotomayor, and Kagan. That dissent is highlighted in this edition, which includes the entire decision, to let readers decide for themselves, but forefronts the stirring and eloquently reasoned dissent. That eloquence will surely inspire, inform, and fuel the increasingly impassioned debate during the tumultuous campaign season of the upcoming mid-term elections — and beyond.
Edited and introduced by former Supreme Court Justice Breyer's former law clerk--and accompanied by a sobering update on the state of segregated schools in America today--this volume contains the full text of Breyer's most impassioned opinion, a dissent that Justice John Paul Stevens called at the time "eloquent and unanswerable."swerable."
On its Surface, this book is aimed at the topical issue of regulatory reform. But underneath it strives to go beyond the topical, seeking to analyze regulation as a distinct discipline and to help teach it as a separate subject
"Does the Death penalty violate the Constitution? In Against the Death Penalty, Justice Stephen Breyer argues yes, it does: it is carried out unfairly and inconsistently, thus violating the ban on "cruel and unusual punishments" in the Eighth Amendment to the Constitution. Against the Death Penalty contains the full text of Justice Breyer's dissent in the case of Glossip v. Gross, which involved an unsuccessful challenge to the state of Oklahoma's use of a lethal-injection drug that could cause severe pain. This volume includes an introduction to the case and a history of the challenges to the constitutionality of the death penalty by law professor John D. Bessler. Throughout Against the Death Penalty, Justice Breyer's legal citations are made accessible by Bessler's explanatory notes, but the text retains the full force of Breyer's powerful argument that the time has come for the Supreme Court to revisit the constitutionality of the death penalty. Breyer was joined in his dissent from the bench by Justice Ruth Bader Ginsburg. This passionate argument has been cited by many legal experts including the late Justice Antonin Scalia--as signaling an eventual Court ruling striking down the death penalty."
Exploring the Supreme Court's role in interpreting the Constitution, this book examines the legitimacy of its decisions, even when unpopular. It delves into the reasons behind public acceptance of the Court's rulings and the essential actions required for the Court to maintain public trust. The author discusses the implications of the Court's power on democracy, highlighting the balance between judicial authority and democratic principles. Through this analysis, the book seeks to understand how the Court can effectively contribute to a functioning democratic society.
The Court And The World
- 400 pages
- 14 hours of reading
"Justice Stephen Breyer examines the work of SCOTUS in an increasingly interconnected world, a world in which all sorts of public and private activity--from the conduct of national security policy to the conduct of international trade--obliges the Court to consider and understand circumstances beyond America's borders. At a time when ordinary citizens may book international lodging directly through online sites like Airbnb, it has become clear that judicial awareness can no longer stop at the water's edge"--
The Authority of the Court and the Peril of Politics
- 112 pages
- 4 hours of reading
"Americans increasingly believe the Supreme Court is a political body in disguise. But Justice Stephen Breyer disagrees. Arguing that judges are committed to their oath to do impartial justice, Breyer aims to restore trust in the Court. In the absence of that trust, he warns, the Court will lose its authority, imperiling our constitutional system"-- Provided by publisher
Focusing on the concept of "active liberty," Justice Stephen Breyer presents a compelling argument for a dynamic interpretation of the Constitution, emphasizing citizen engagement in governance. He advocates for judicial modesty and highlights the need for courts to adapt to evolving societal demands. Through contemporary examples, such as federalism and privacy issues, Breyer challenges the notion of the Constitution as a static document, asserting its principles should evolve to address modern challenges. This perspective contributes significantly to discussions on judicial power and constitutional interpretation.
