Inside the Supreme Court: Breyer Talks Legislative Intent and Judicial Ethics

Passing Judgment

In this episode of Passing Judgment, we engage in a thought-provoking discussion with retired Justice Stephen Breyer. Host Jessica Levinson delves into Breyer's critique of textualism, focusing on whether "costs" in legal contexts should include educational experts. The episode also touches on public trust in the judiciary, the role of the First Amendment, and the complexities of precedent. Breyer's engaging stories and reflections provide a comprehensive perspective on modern judicial challenges.

Here are three key takeaways you don't want to miss:

1. Critique of Textualism and Originalism: Breyer critiques the methodologies of textualism and originalism, which focus strictly on the text and original meaning of the law. He highlights the limitations of these approaches, given the evolving societal and political contexts since the laws were written.
2. Pragmatism in Constitutional Interpretation: Advocating for a pragmatic approach, Breyer emphasizes the importance of interpreting the Constitution by considering historical context, consequences, and inherent values such as democracy and human rights.
3. Supreme Court's Political Perception: Addressing public concerns about the Supreme Court's political influence, especially with the conservative supermajority appointed by Republican presidents, Breyer contends that legal analysis should be distinct from political thought.

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