On Point | Podcast

Justice Breyer's ear notch test for our constitution

Apr 24, 2024
Former Supreme Court Justice Stephen Breyer challenges the dominance of textualism in judicial decisions, advocating for pragmatism. He discusses the importance of considering consequences, evolving societal values, and the need for a flexible constitution. The conversation explores the limitations of textualism, the role of judges in interpreting the Constitution, and the ongoing experiment of upholding democratic values in a changing society.
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