Open to Debate Think Twice: Reading the Constitution with Justice Stephen Breyer
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Jul 8, 2025 Stephen Breyer, a former Supreme Court Justice, shares insights from his nearly 30-year tenure on the bench and his book on constitutional pragmatism. He contrasts textualism with a pragmatic approach, arguing for decisions shaped by context rather than strict interpretation. The conversation covers the complexities of legal text interpretation, the challenges surrounding gun regulations, and the importance of judicial integrity. Breyer reflects on the emotional weight of landmark decisions and the necessity of understanding differing viewpoints in legal debates.
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Textualism vs Pragmatism
- Justice Breyer explains textualism focuses solely on the words without considering broader purposes or consequences.
- He contrasts this with his pragmatism, which looks at purpose and impact, suggesting textualism is too narrow.
Case on "Costs" Interpretation
- Breyer discusses a 2006 case where the Court narrowly interpreted "costs" to exclude educational consultants.
- He argues that relying strictly on textualism in this case ignored legislative purpose and practical consequences.
Textualism as Reaction to Judicial Power
- Textualism emerged as a reaction to perceived judicial overreach, especially from the Warren Court.
- It aimed to reinforce separation of powers by limiting judges from making expansive rulings.
