Law: Retired Supreme Court Justice Stephen Breyer on what is precedent?

Breaking Precedent

In this episode of Breaking Precedent, host Leah Solivan dives into the world of law with retired Supreme Court Justice Stephen Breyer. From the landmark case of Brown v. Board of Education to the recent Dobbs decision, Justice Breyer shares his thoughts on the significance of precedent as a cornerstone of societal stability. He also explores how the concept of precedent differs in business and technology, where breaking precedent can drive innovation and progress. On a personal note, Justice Breyer discusses his approach to raising his children and grandchildren, highlighting the importance of setting boundaries and traditions within the family.

Guest Bio

Justice Stephen Breyer served on the Supreme Court for 40 years and has been part of deciding landmark cases that have shaped our society. He is known for his pragmatic approach to interpreting the Constitution and his ability to build consensus among his colleagues.

Books/Resources:

• We Dissent
• Reading the Constitution: Why I Chose Pragmatism, Not Textualism
  
  

Google vs. Oracle case opinion

Show Notes:

• (0:00) Intro
• (0:30) Leah introduces guest, retired Supreme Court Justice, Stephen Breyer
• (2:00) Intro to precedent and law
• (2:40) “The word precedent is best translated, I think, as let sleeping dogs lie. The thing was decided, it was decided. And don't go back into it unless you absolutely have to.”
• (4:30) How often the Supreme Court breaks precedent
• (5:50) The significance of Brown v. Board of Education in overturning Plessy v. Ferguson
• (8:00) The enforcement of Brown v. Board of Education
• (12:00) Reflections of the little rock nine in 1957
• (15:45) Economic changes and legal precedent
• (19:00) Dobbs - a recent case breaking precedent
• (21:30) Writing a Dissent - the process and importance
• (26:00) The current perception and climent of the world
• (26:30) A pragmatic approach to interpreting the constitution
• (34:00) Breyer discusses the importance of diversity in hiring clerks and its long-term impact
• (41:00) The Constitution and modern challenges
• (45:30) Family traditions, values, and closing thoughts

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Leah Solivan is the host of Breaking Precedent, a podcast that explores the stories of innovators who are pushing societal boundaries and setting new precedents in their fields. Leah is General Partner at Fuel Capital, where she invests in early-stage companies across consumer technology, hardware, education, marketplaces, and retail. Leah Solivan has 15 years of experience building and creating technology products that have reached millions of people around the globe. She started her career at IBM as an engineer in the software group, working on Lotus Notes and Domino. In 2008, Leah founded TaskRabbit, the leading on-demand service marketplace in the world.

Connect with Leah:

Website: breakingprecedent.com/

Instagram: @labunleashed

X: @labunleashed