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Active Liberty Lives!

When a justice is in the minority on the Supreme Court, as Justice Stephen Breyer has long been, there aren’t many opportunities to write truly landmark opinions. Those are the spoils of the majority, or at least of Anthony Kennedy. Yet Breyer found himself writing for a surprising majority this term in NLRB v. Show More Summary

Obama Loses in Recess Appointment Case; So Does Scalia

The question has never been whether the Obama administration would lose in the Noel Canning recess appointments case -- it was how badly they would lose. And lose they did, though the damage was limited by a Justice Stephen Breyer opinion that meandered through history to come up with a......

Supreme Court Effectively Puts Aereo Out of Business

The official word on Aereo came down from the Supreme Court today, and the word is "no." The ruling came down 6-3 against the streaming TV company. In an opinion written by Associate Justice Stephen Breyer, the court directly contradicted...Show More Summary

‘Cold Fish’ Memo on Justice Breyer Surfaces in Clinton Papers

When Deputy Solicitor General Ian Gershengorn argues before the Supreme Court, Justice Stephen Breyer and his eight colleagues sit in judgment. But the roles were reversed 21 years ago, when Mr. Gershengorn helped then President Bill Clinton vet Mr. Breyer, then a federal appeals judge in Boston. The verdict was severe.

Junior Varsity Politics: SCOTUS Finalizes NLRB v. Noel Canning

Justice Stephen Breyer warned of the danger when Supreme Court Justices are perceived as "junior-varsity politicians" on May 20, 2014 at the American Law Institute. President Franklin D. Roosevelt -- almost exactly 79 years earlier -- blasted the Court for playing such politics after it repeatedly crushed needed New Deal reform programs. Show More Summary

'A Freedom-Destroying Cocktail': Justice Breyer Keeps Siding with the Cops in Fourth Amendment Cases

3 months agoNews : Reason

In his 2010 book Making Our Democracy Work: A Judge's View, Supreme Court Justice Stephen Breyer urged the federal courts to adopt a broad posture of judicial deference towards the other branches of government. Judges must "take account...Show More Summary

JAMES TARANTO: First Among Equals: An Orwellian dissent from a muddled ruling. Justice Stephen

JAMES TARANTO: First Among Equals: An Orwellian dissent from a muddled ruling. Justice Stephen Breyer concurred in the judgment on much narrower grounds. He was part of the Grutter majority in 2003 and still thinks racial preferences are constitutionally permissible. He ducked the question of whether the political-process doctrine applied to the substance of the [...]

ABC, McClatchy: 6-2 Vote Upholding Affirmative Action Ban Shows 'Divided' SCOTUS

Mainstream media outlets like ABC News and McClatchy tried to frame the Supreme Court as "divided" after its 6-2 ruling--with which even liberal Justice Stephen Breyer concurred--that upheld Michigan's constitutional amendment banning affirmative action. Show More Summary

A Blistering Dissent In ‘McCutcheon’: Conservatives Substituted Opinion For Fact

(Credit: Ken Lund) The court’s four-member minority issued a blistering dissent, written by Justice Stephen Breyer. He charged that the majority’s “conclusion rests upon its own, not a record-based, view of the facts.”

Highlights from Justice Breyer’s McCutcheon Dissent

Supreme Court Associate Justice Stephen Breyer. Getty Images The campaign finance ruling handed down by the Supreme Court on Wednesday exposed a fundamental divide between the court's conservative and liberal wings with respect to political giving and the First Amendment. Show More Summary

Justice Breyer: Campaign finance limits protect the First Amendment

Supreme Court Justice Stephen Breyer blasted the high court's ruling that struck down aggregate limits on campaign contributions, writing in a dissent that the majority opinion was "fatally flawed" and would harm "democratic legitimacy."...Show More Summary

Largest Catholic University to Host Pro-Abortion Supreme Court Judge Stephen Breyer

U.S. Supreme Court Associate Justice Stephen Breyer is more than vaguely “pro-choice.”  He penned the majority opinion in the Stenberg v Carhart decision in 2000, striking down state laws banning partial-birth abortion.  In fact, the abortion procedure he supported is so barbaric that the United States Congress called for its outright prohibition in 2003: “A […]

Yes, Stephen Breyer and Ruth Bader Ginsburg should still retire

Apparently there’s some question about the strategic imperative facing liberal Supreme Court Justices Stephen Breyer an Ruth Bader Ginsburg now that Democratic senators have fought back against Republican obstruction on nominations. Let me clear this up. There’s absolutely no question about it; if they want to secure the principles they have fought for during their […]

Oral argument in Bond v. U.S.

9 months agoIndustries / Law : Overlawyered

A testy exchange between Justice Stephen Breyer and Solicitor General Donald Verrilli Jr. “was not the only signal that the administration may have difficulty winning in the case of Bond v. United States, which began as a ‘lover’s triangle’...Show More Summary

Quoted: Justice Stephen Breyer on Proust

“To me, Proust is the Shakespeare of the inner world.” Justice Stephen Breyer in an interview — conducted in French — about his favorite French author and translated in the New York Review of Books. Breyer taught himself the language by reading all seven volumes of “À la recherche du temps perdu” as a legal […]

Book News: Marcel Proust in Court, Mark Twain Electrified

Alice Munro will not travel to Sweden for the Nobel ceremony, due to health concerns. “To me, Proust is the Shakespeare of the inner world.” Supreme Court Justice Stephen Breyer on reading and re-reading Proust. From cave paintings to e-books, a brief history of publishing. Show More Summary

Book News: Health Woes Will Keep Munro From Nobel Ceremony

9 months agoNews : The Two-Way

Also: Justice Stephen Breyer on Proust; a rush-printing of more copies of Eleanor Catton's award-winning The Luminaries; and the best books coming out this week.

Supreme Odds: How Will Justice Stephen Breyer Vote On Marriage Equality?

last yearLGBT / Gay : Queerty

Stephen Breyer knows how to tiptoe around emotional landmines. It was he who raised the issue of  “sterile couples” when Yes on 8 attorney Charles Cooper argued that marriage laws are all about procreation and that domestic partnerships are sufficient for same-sex couples. “What precisely is the way in which allowing gay couples to marry [...]

Supreme Court Justice Stephen Breyer on the benefits of educational exchange

On Monday evening, Britain’s Foreign Secretary William Hague was expected in Washington to speak to alumni of British universities at the British Embassy. But the revelations about NSA surveillance kept him in London to address Parliament instead. Was there disappointment … Continue reading ?

Personality Quiz: Which Supreme Court Justice Are You?

It seems I’m Justice Stephen Breyer. [humor, Kyle Graham] Tweet Tags: humor, Supreme Court Personality Quiz: Which Supreme Court Justice Are You? is a post from Overlawyered - Chronicling the high cost of our legal system

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