Stay Tuned with Preet Judiciary Under Pressure (with Justice Stephen Breyer)
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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.
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Snails on a Train
- Justice Breyer explains the role of a Supreme Court Justice by using the analogy of a biology professor with snails on a train.
- The question arises whether a snail is an animal, sparking debate similar to how justices interpret legal texts.
Burger's Call
- Justice Breyer recalls a time when Chief Justice Warren Burger called him because no one else in the Senate would talk to him.
- This highlights the different paces and priorities of the judiciary and the Senate.
Campers and the Bear
- Justice Breyer recounts debates with Justice Scalia about textualism, using the analogy of two campers and a bear.
- Scalia acknowledged his system wasn't perfect but critiqued Breyer's as overly complex.