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Amarica's Constitution

Justice on the Spot - Special Guest Justice Stephen Breyer

Jan 1, 2025
Former Associate Justice of the US Supreme Court, Stephen Breyer, shares his rich legacy and insights on the judicial system. He discusses the pressures of landmark cases like Bush v. Gore and the challenges of maintaining public trust in the judiciary. Breyer delves into interpretative philosophies, contrasting textualism with pragmatism, and highlights the importance of understanding legal context. With references to Montaigne and the intricacies of constitutional interpretation, he paints a vivid picture of his judicial philosophy and personal journey.
01:36:27

Episode guests

Podcast summary created with Snipd AI

Quick takeaways

  • Justice Breyer emphasizes the importance of a pragmatic approach to constitutional law, advocating for flexibility over strict textualism or originalism.
  • He reflects on the intense pressures faced by the Supreme Court during the Bush versus Gore case, illustrating the tension between legal integrity and public perception.

Deep dives

Introduction of Justice Stephen Breyer

Justice Stephen Breyer, who served on the Supreme Court for 28 years, shares his insights on constitutional interpretation and the judiciary's role in interpreting laws. Having an impressive educational background that includes degrees from Stanford and Harvard, Breyer emphasizes the importance of experience in understanding and applying constitutional principles. His latest work, 'Reading the Constitution: Why I Chose Pragmatism, Not Textualism', highlights his belief in a pragmatic approach to constitutional law. Throughout his career, Breyer has influenced the legal community, mentoring over 120 law clerks and authoring several notable legal texts.

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