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Judiciary Under Pressure (with Justice Stephen Breyer)
Apr 10, 2025
Stephen Breyer, former Supreme Court Justice and advocate for pragmatic constitutional interpretation, shares his insights on judicial integrity and political pressures. He discusses the challenges judges face, including impeachment threats. Breyer humorously explores the balance between empathy and neutrality in judicial decision-making and critiques strict textualism. The conversation also touches on legal ethics in Trump-era law practices and the obstacles faced by interim U.S. Attorneys, providing a profound look at the complexities within the judiciary.
01:15:43
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Quick takeaways
- Justice Breyer argues for a pragmatic interpretation of the Constitution, emphasizing its role as a living document that adapts to societal changes.
- He highlights the importance of empathy in judicial decision-making, advocating for judges to consider human stakes while maintaining impartiality.
Deep dives
Justice Breyer's Pragmatic Approach to the Constitution
Justice Stephen Breyer emphasizes a pragmatic interpretation of the Constitution, viewing it as a living document meant to serve people rather than a strict set of rules. His book, "Reading the Constitution: Why I Chose Pragmatism, Not Textualism," outlines this philosophy, arguing that judges should consider not just the text of laws but the broader context and consequences of their rulings. He believes that reading the words of the Constitution alone is not sufficient, as it does not address contemporary issues like technology or social changes not envisioned by the framers. Breyer illustrates his views by discussing how complex legal questions often go beyond the literal interpretation of legislation.
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