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词条 Stephen Breyer
释义

  1. Early life and education

  2. Legal career

  3. Judicial career

     U.S. Court of Appeals (1980–1994)  Supreme Court (1994–present) 

  4. Judicial philosophy

     In general  Active Liberty  Other books  Other views  Honors 

  5. See also

  6. References

  7. Further reading

  8. External links

{{pp-vandalism|small=yes}}{{short description|Associate Justice of the Supreme Court of the United States}}{{good article}}{{Use mdy dates|date=January 2016}}{{Infobox judge
|name = Stephen Breyer
|image = Stephen Breyer, SCOTUS photo portrait.jpg
|office = Associate Justice of the Supreme Court
of the United States
|nominator = Bill Clinton
|term_start = August 3, 1994
|term_end =
|predecessor = Harry Blackmun
|successor =
|office1 = Chief Judge of the United States Court of Appeals for the First Circuit
|term_start1 = March 1990
|term_end1 = August 3, 1994
|predecessor1 = Levin H. Campbell
|successor1 = Juan R. Torruella
|office2 = Judge of the United States Court of Appeals for the First Circuit
|nominator2 = Jimmy Carter
|term_start2 = December 10, 1980
|term_end2 = August 3, 1994
|predecessor2 = Seat established
|successor2 = Sandra Lynch
|birth_name = Stephen Gerald Breyer
|birth_date = {{birth date and age|1938|8|15}}
|birth_place = {{nowrap|San Francisco, California, U.S.}}
|death_date =
|death_place =
|spouse = {{marriage|Joanna Hare|1967}}
|children = 3
|education = Stanford University (BA)
Magdalen College, Oxford (BA)
Harvard University (LLB)
}}Stephen Gerald Breyer ({{IPAc-en|ˈ|b|r|aɪ|.|ər}}; born August 15, 1938) is an Associate Justice of the Supreme Court of the United States. A lawyer by occupation, he became a professor and jurist before President Bill Clinton appointed him to the Supreme Court in 1994; Breyer is generally associated with its more liberal side.[1]

After a clerkship with Supreme Court Associate Justice Arthur Goldberg in 1964, Breyer became well known as a law professor and lecturer at Harvard Law School, starting in 1967. There he specialized in administrative law, writing a number of influential textbooks that remain in use today. He held other prominent positions before being nominated for the Supreme Court, including special assistant to the United States Assistant Attorney General for Antitrust and assistant special prosecutor on the Watergate Special Prosecution Force in 1973. He also served on the First Circuit Court of Appeals from 1980 to 1994.

In his 2005 book Active Liberty, Breyer made his first attempt to systematically lay out his views on legal theory, arguing that the judiciary should seek to resolve issues in a manner that encourages popular participation in governmental decisions.

Early life and education

Breyer was born in San Francisco, California, the son of Anne A. (née Roberts) and Irving Gerald Breyer,[2] and raised in a middle-class Jewish family. Irving Breyer was legal counsel for the San Francisco Board of Education.[3] Both Breyer and his younger brother, Charles, who is a federal district judge, are Eagle Scouts of San Francisco's Troop 14.[4][5] Breyer's paternal great-grandfather emigrated from Romania to the United States, settling in Cleveland, where Breyer's grandfather was born.[6] In 1955, Breyer graduated from Lowell High School. At Lowell, he was a member of the Lowell Forensic Society and debated regularly in high school tournaments, including against future California governor Jerry Brown and future Harvard Law School professor Laurence Tribe.[7]

Breyer received a Bachelor of Arts degree in Philosophy from Stanford University, a Bachelor of Arts from Magdalen College, Oxford in PPE as a Marshall Scholar,[8] and a Bachelor of Laws from Harvard Law School. He is also fluent in French.[9]

In 1967, he married Joanna Freda Hare, a psychologist and member of the British aristocracy, as the youngest daughter of John Hare, 1st Viscount Blakenham. The Breyers have three adult children: Chloe, an Episcopal priest and author of The Close; Nell, and Michael.[10]

Legal career

Breyer served as a law clerk to Associate Justice Arthur Goldberg during the 1964 term (list), and served briefly as a fact-checker for the Warren Commission. He was a special assistant to the United States Assistant Attorney General for Antitrust from 1965 to 1967 and an assistant special prosecutor on the Watergate Special Prosecution Force in 1973. Breyer was a special counsel to the U.S. Senate Committee on the Judiciary from 1974 to 1975 and served as chief counsel of the committee from 1979 to 1980.[10] He worked closely with the chairman of the committee, Senator Edward M. Kennedy, to pass the Airline Deregulation Act that closed the Civil Aeronautics Board.[7][11]

Breyer was a lecturer, assistant professor, and law professor at Harvard Law School starting in 1967. He taught there until 1994, also serving as a professor at Harvard's Kennedy School of Government from 1977 to 1980. At Harvard, Breyer was known as a leading expert on administrative law.[12] While there, he wrote two highly influential books on deregulation: Breaking the Vicious Circle: Toward Effective Risk Regulation and Regulation and Its Reform. In 1970, Breyer wrote "The Uneasy Case for Copyright", one of the most widely cited skeptical examinations of copyright. Breyer was a visiting professor at the College of Law in Sydney, Australia, the University of Rome,[10] and the Tulane University Law School.[13]

Judicial career

U.S. Court of Appeals (1980–1994)

{{external media | width = 210px | float = right | headerimage=
| video1 = [https://www.youtube.com/watch?v=3OByUKNPIJU Justice Stephen Breyer: The Court And The World], 1:14:57, WGBH Forum Network[14] }}

From 1980 to 1994, Breyer was a judge on the United States Court of Appeals for the First Circuit; he was the court's Chief Judge from 1990 to 1994.[10] In the last days of President Jimmy Carter's administration, on November 13, 1980, Carter nominated Breyer to the First Circuit, to a new seat established by {{USStat|92|1629}}, and the United States Senate confirmed him on December 9, 1980, by an 80–10 vote.[15] He received his commission on December 10, 1980. He served as Chief Judge from 1990 to 1994. He served as a member of the Judicial Conference of the United States between 1990 and 1994 and the United States Sentencing Commission between 1985 and 1989.[10] On the sentencing commission, Breyer played a key role in reforming federal criminal sentencing procedures, producing the Federal Sentencing Guidelines, which were formulated to increase uniformity in sentencing.[16] His service on the First Circuit terminated on August 2, 1994, due to his elevation to the Supreme Court.

Supreme Court (1994–present)

In 1993, President Bill Clinton considered him for the seat vacated by Byron White that ultimately went to Justice Ruth Bader Ginsburg.[17] Breyer's appointment came shortly thereafter, however, following the retirement of Harry Blackmun in 1994, when Clinton nominated Breyer as an Associate Justice of the Supreme Court on May 17, 1994. Breyer was confirmed by the Senate on July 29, 1994, by an 87 to 9 vote, and received his commission on August 3.[10] He was the second-longest-serving junior justice in the history of the Court, close to surpassing the record set by Justice Joseph Story of 4,228 days (from February 3, 1812, to September 1, 1823); Breyer fell 29 days short of tying this record, which he would have reached on March 1, 2006, had Justice Samuel Alito not joined the Court on January 31, 2006.

Judicial philosophy

In general

{{further information|Purposive approach}}

Breyer's pragmatic approach to the law "will tend to make the law more sensible"; according to Cass Sunstein, Breyer's "attack on originalism is powerful and convincing".[18] In 2006, Breyer said that in assessing a law's constitutionality, while some of his colleagues "emphasize language, a more literal reading of the [Constitution's] text, history and tradition", he looks more closely to the "purpose and consequences".[19]

Breyer has consistently voted in favor of abortion rights,[20][21] one of the most controversial areas of the Supreme Court's docket. He has also defended the Court's use of foreign law and international law as persuasive (but not binding) authority in its decisions.[22][23][24] Breyer is also recognized to be deferential to the interests of law enforcement and to legislative judgments in the Court's First Amendment rulings. He has demonstrated a consistent pattern of deference to Congress, voting to overturn congressional legislation at a lower rate than any other Justice since 1994.[25]

Breyer's extensive experience in administrative law is accompanied by his staunch defense of the Federal Sentencing Guidelines. Breyer rejects the strict interpretation of the Sixth Amendment espoused by Justice Scalia that all facts necessary to criminal punishment must be submitted to a jury and proved beyond a reasonable doubt.[26] In many other areas on the Court, too, Breyer's pragmatism was considered the intellectual counterweight to Scalia's textualist philosophy.[27]

In describing his interpretive philosophy, Breyer has sometimes noted his use of six interpretive tools: text, history, tradition, precedent, the purpose of a statute, and the consequences of competing interpretations.[28] He has noted that only the last two differentiate him from textualists such as Scalia. Breyer argues that these sources are necessary, however, and in the former case (purpose), can in fact provide greater objectivity in legal interpretation than looking merely at what is often ambiguous statutory text.[29] With the latter (consequences), Breyer argues that considering the impact of legal interpretations is a further way of ensuring consistency with a law's intended purpose.[30]

Active Liberty

Breyer expounded his judicial philosophy in 2005 in Active Liberty: Interpreting Our Democratic Constitution. In it, Breyer urges judges to interpret legal provisions (of the Constitution or of statutes) in light of the purpose of the text and how well the consequences of specific rulings fit those purposes. The book is considered a response to the 1997 book A Matter of Interpretation, in which Antonin Scalia emphasized adherence to the original meaning of the text alone.[20][31]

In Active Liberty, Breyer argues that the Framers of the Constitution sought to establish a democratic government involving the maximum liberty for its citizens. Breyer refers to Isaiah Berlin’s Two Concepts of Liberty. The first Berlinian concept, being what most people understand by liberty, is "freedom from government coercion". Berlin termed this "negative liberty" and warned against its diminution; Breyer calls this "modern liberty". The second Berlinian concept – "positive liberty" – is the "freedom to participate in the government". In Breyer's terminology, this is the "active liberty" the judge should champion. Having established what "active liberty" is, and positing the primary importance (to the Framers) of this concept over the competing idea of "negative liberty", Breyer makes a predominantly utilitarian case for rulings that give effect to the democratic intentions of the Constitution.

The book's historical premises and practical prescriptions have been challenged. For example, according to Peter Berkowitz,[32] the reason that "[t]he primarily democratic nature of the Constitution's governmental structure has not always seemed obvious", as Breyer puts it, is "because it's not true, at least in Breyer's sense, that the Constitution elevates active liberty above modern [negative] liberty". Breyer's position "demonstrates not fidelity to the Constitution", Berkowitz argues, "but rather a determination to rewrite the Constitution's priorities". Berkowitz suggests that Breyer is also inconsistent in failing to apply this standard to the issue of abortion, instead preferring decisions "that protect women's modern liberty, which remove controversial issues from democratic discourse". Failing to answer the textualist charge that the Living Documentarian judge is a law unto himself, Berkowitz argues that Active Liberty "suggests that when necessary, instead of choosing the consequence that serves what he regards as the Constitution’s leading purpose, Breyer will determine the Constitution’s leading purpose on the basis of the consequence that he prefers to vindicate".

Against the last charge, Cass Sunstein has defended Breyer, noting that of the nine justices on the Rehnquist Court, Breyer had the highest percentage of votes to uphold acts of Congress and also to defer to the decision of the executive branch.[33] However, according to Jeffrey Toobin in The New Yorker, "Breyer concedes that a judicial approach based on 'active liberty' will not yield solutions to every constitutional debate," and that, in Breyer's words, "respecting the democratic process does not mean you abdicate your role of enforcing the limits in the Constitution, whether in the Bill of Rights or in separation of powers."[34]

To this point, and from a discussion at the New York Historical Society in March 2006, Breyer has noted that "democratic means" did not bring about an end to slavery, or the concept of "one man, one vote", which allowed corrupt and discriminatory (but democratically inspired) state laws to be overturned in favor of civil rights.[35]

Other books

In 2010, Breyer published a second book, Making Our Democracy Work: A Judge's View.[36] There, Breyer argued that judges have six tools they can use to determine a legal provision's proper meaning: (1) its text; (2) its historical context; (3) precedent; (4) tradition; (5) its purpose; and (6) the consequences of potential interpretations.[37] Textualists, like Scalia, only feel comfortable using the first four of these tools; while pragmatists, like Breyer, believe that "purpose" and "consequences" are particularly important interpretative tools.[38]

Breyer cites several watershed moments in Supreme Court history to show why the consequences of a particular ruling should always be in a judge's mind. He notes that President Jackson ignored the Court's ruling in Worcester v. Georgia, which led to the Trail of Tears and severely weakened the Court's authority.[39] He also cites the Dred Scott decision, an important precursor to the American Civil War.[39] When the Court ignores the consequences of its decisions, Breyer argues, it can lead to devastating and destabilizing outcomes.[39]

In 2015, Breyer released a third book, The Court and the World: American Law and the New Global Realities, examining the interplay between U.S. and international law and how the realities of a globalized world need to be considered in U.S. cases.[40][41]

Other views

In an interview on Fox News Sunday on December 12, 2010, Breyer said that based on the values and the historical record, the Founding Fathers of the United States never intended guns to go unregulated and that history supports his and the other dissenters' views in District of Columbia v. Heller. He summarized:

{{Quote|We're acting as judges. If we're going to decide everything on the basis of history — by the way, what is the scope of the right to keep and bear arms? Machine guns? Torpedoes? Handguns? Are you a sportsman? Do you like to shoot pistols at targets? Well, get on the subway and go to Maryland. There is no problem, I don't think, for anyone who really wants to have a gun.[42]}}

In the wake of the controversy[43] over Justice Samuel Alito's reaction to President Barack Obama's criticism of the Court's Citizens United v. FEC ruling in his 2010 State of the Union Address, Breyer said he would continue to attend the address:{{quote|I think it's very, very, very important — very important — for us to show up at that State of the Union, because people today are more and more visual. What [people] see in front of them at the State of the Union is that federal government. And I would like them to see the judges too, because federal judges are also a part of that government.[44]}}

Honors

In 2007, Breyer was honored with the Distinguished Eagle Scout Award by the Boy Scouts of America.[45] In 2018, Breyer was nominated as the chair of the Pritzker Architecture Prize Jury following the departure of previous chair Glenn Murcutt.[46]

See also

{{Portal|Biography|Supreme Court of the United States}}
  • Bill Clinton Supreme Court candidates
  • Demographics of the Supreme Court of the United States
  • List of Justices of the Supreme Court of the United States
  • List of law clerks of the Supreme Court of the United States
  • List of U.S. Supreme Court Justices by time in office
  • United States Supreme Court cases during the Rehnquist Court
  • United States Supreme Court cases during the Roberts Court

References

1. ^{{cite journal |last=Kersch |first=Ken |year=2006 |title=Justice Breyer's Mandarin Liberty |url=https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?referer=https%3A%2F%2Fwww.google.com%2F&httpsredir=1&article=5339&context=uclrev |publisher=University of Chicago Law Review |volume=73 |pages=759-822 |quote=As his decision to characterize both the New Deal and Warren Courts as centrally committed to democracy and 'active liberty' makes clear, Justice Breyer identifies his own constitutional agenda with that of these earlier courts, and positions himself, in significant respects, as a partisan of midcentury constitutional liberalism. |deadurl=bot: unknown |archiveurl=https://web.archive.org/web/20171226033939/https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?referer=https%3A%2F%2Fwww.google.com%2F&httpsredir=1&article=5339&context=uclrev |archivedate=December 26, 2017 |df=mdy-all }}
2. ^[https://web.archive.org/web/20131224100943/http://freepages.genealogy.rootsweb.ancestry.com/~battle/celeb/breyer.htm Genealogy records], Ancestry.com. Retrieved October 26, 2007
3. ^[https://www.oyez.org/justices/stephen_g_breyer/ Oyez Bio]. Retrieved March 21, 2007
4. ^{{cite book | last = Townley | first = Alvin |url= http://www.thomasdunnebooks.com/TD_TitleDetail.aspx?ISBN=0312366531| title = Legacy of Honor: The Values and Influence of America's Eagle Scouts | publisher=St. Martin's Press| location = New York |pages=56–59| isbn = 0-312-36653-1 |accessdate=December 29, 2006 | year = 2007| origyear= December 26, 2006}}
5. ^{{cite web | last = Ray | first = Mark | year =2007 | url =http://www.scoutingmagazine.org/issues/0701/a-what.html | title =What It Means to Be an Eagle Scout | work=Scouting | publisher=Boy Scouts of America | accessdate =January 5, 2007}}
6. ^{{cite book|last=Elinor Slater & Robert Slater|title=Great Jewish Men|publisher=Jonathan David Publishers Inc|date=January 1996|page = 73|isbn=9780824603816}}
7. ^1 [https://www.oyez.org/justices/stephen_g_breyer/ Oyez Bio]. Retrieved March 21, 2007 (For Brown; need cite for Tribe)
8. ^{{Cite book|url=https://www.gpo.gov/fdsys/pkg/GPO-CHRG-BREYER/pdf/GPO-CHRG-BREYER.pdf|title=Serial No. J-103-64|last=|first=|publisher=U.S. Government Printing Office|year=1995|isbn=01-6-046946-5|location=Washington, D.C.|pages=24}}
9. ^{{cite web |url=http://www.washingtonlife.com/issues/holiday-2006/pollywood/ | title=Inaugural D.C. French Festival launches sans the Freedom Fries |publisher=Washington Life Magazine |date=October 12, 2006 |accessdate=August 30, 2010}}
10. ^1 2 3 4 5 [{{SCOTUS URL|about/biographies.aspx}} The Justices of the Supreme Court]. Retrieved April 6, 2012
11. ^Thierer, Adam (December 21, 2010) Who'll Really Benefit from Net Neutrality Regulation?, CBS News
12. ^[https://web.archive.org/web/20071118171456/http://findarticles.com/p/articles/mi_qa3622/is_199404/ai_n8720105 The dilemmas of risk regulation – Breaking the Vicious Circle by Stephen Breyer], by Sheila Jasanoff. Issues in Science and Technology, Spring 1994.
13. ^{{cite web|url=http://www.law.tulane.edu/abroad/index.aspx?ekmensel=c580fa7b_168_0_4386_1 |title=Tulane Law School - Study Abroad |publisher=Law.tulane.edu |date=June 16, 2011 |accessdate=February 14, 2012}}
14. ^{{cite web | title =Stephen Breyer: The Court and the World | work = | publisher =WGBH Forum Network | date =November 6, 2015 | url =http://forum-network.org/lectures/justice-stephen-breyer-court-and-world/ | accessdate =April 9, 2015 }}
15. ^{{cite news |title=Sharp Questions for Judge Breyer |url=https://query.nytimes.com/gst/fullpage.html?res=9C0DE0DF153FF933A25754C0A962958260 |work=The New York Times |date=July 10, 2004 |accessdate=March 8, 2008 }}
16. ^{{cite news |title=Justice Breyer Should Recuse Himself from Ruling on Constitutionality of Federal Sentencing Guidelines, Duke Law Professor Says |url=http://www.dukenews.duke.edu/2004/09/breyertip_0904.html |work=Duke University News |date=September 28, 2004 |deadurl=yes |archiveurl=https://archive.is/20120731163145/http://www.dukenews.duke.edu/2004/09/breyertip_0904.html |archivedate=July 31, 2012 |df=mdy-all }}
17. ^{{cite news |first=Richard |last=Berke |title=The Overview; Clinton Names Ruth Ginsburg, Advocate for Women, to Court |url=https://query.nytimes.com/gst/fullpage.html?res=9F0CE7DB163EF936A25755C0A965958260 |work=The New York Times |date=June 15, 1993 }}
18. ^{{cite journal|last=Sunstein|first=Cass R.|title=Justice Breyer's Democratic Pragmatism|url=http://www.yalelawjournal.org/pdf/221_om87hycw.pdf|journal=The Yale Law Journal|date=May 2006|volume=115|issue=7|pages=1719–1743|doi=10.2307/20455667|deadurl=bot: unknown|archiveurl=https://web.archive.org/web/20170704041242/http://www.yalelawjournal.org/pdf/221_om87hycw.pdf|archivedate=July 4, 2017|df=mdy-all}}
19. ^{{cite web |title=Justice Breyer Favors 'Less Literal' Readings |url=http://archive.newsmax.com/archives/ic/2006/2/9/130027.shtml |archive-url=https://web.archive.org/web/20120527130035/http://archive.newsmax.com/archives/ic/2006/2/9/130027.shtml |dead-url=yes |archive-date=May 27, 2012 |publisher=newsmax.com |date=February 9, 2006 |accessdate=September 16, 2010 }}
20. ^1 {{cite news |first=Benjamin |last=Wittes |title=Memo to John Roberts: Stephen Breyer, a cautious, liberal Supreme Court justice, explains his view of the law |url=https://www.washingtonpost.com/wp-dyn/content/article/2005/09/22/AR2005092201017.html |work=The Washington Post |date=September 25, 2005 }}
21. ^Stenberg v. Carhart, {{ussc|530|914|2000}}.
22. ^Transcript of Discussion Between Antonin Scalia and Stephen Breyer {{Webarchive|url=https://web.archive.org/web/20070404123503/http://domino.american.edu/AU/media/mediarel.nsf/1D265343BDC2189785256B810071F238/1F2F7DC4757FD01E85256F890068E6E0?OpenDocument |date=April 4, 2007 }}. AU Washington College of Law, Jan. 13. Retrieved March 21, 2007
23. ^{{cite news|first=Deborah |last=Pearlstein |title=Who's Afraid of International Law |url=http://www.prospect.org/web/page.ww?section=root&name=ViewWeb&articleId=9456 |work=American Prospect Online |date=April 5, 2005 |accessdate=March 21, 2007 |archiveurl=https://web.archive.org/web/20050407212728/http://www.prospect.org/web/page.ww?section=root&name=ViewWeb&articleId=9456 |archivedate=April 7, 2005 |deadurl=yes |df= }}
24. ^Roper v. Simmons, {{ussc|543|551|2005}}; Lawrence v. Texas, {{ussc|539|558|2003}}; Atkins v. Virginia, {{ussc|536|304|2002}}.
25. ^{{cite news |first=Paul |last=Gewirtz |author2=Golder, Chad |title=So Who Are the Activists? |url=https://www.nytimes.com/2005/07/06/opinion/06gewirtz.html |work=The New York Times |date=July 6, 2005 |accessdate=March 23, 2007 }}
26. ^Blakely v. Washington, {{ussc|542|296|2004}}.
27. ^{{cite news |first=Kathleen M. |last=Sullivan |title=Consent of the Governed |url=https://www.nytimes.com/2006/02/05/books/review/05sullivan.html |work=The New York Times |date=February 5, 2006 }}
28. ^{{cite news |first=Dalia |last=Lithwick |title=Justice Grover Versus Justice Oscar |url=http://www.slate.com/id/2154993/ |work=Slate |date=December 6, 2006 |accessdate=March 19, 2007 }}
29. ^{{cite news |title=Interview with Nina Totenberg |url=https://www.npr.org/templates/story/story.php?storyId=4929668 |publisher=NPR |date=September 30, 2005 |accessdate=March 19, 2007 }}
30. ^Sunstein at 12 ("Breyer thinks that as compared with a single-minded focus on literal text, his approach will tend to make the law more sensible, almost by definition. He also contends that it 'helps to implement the public's will and is therefore consistent with the Constitution's democratic purpose.' Breyer concludes that an emphasis on legislative purpose 'means that laws will work better for the people they are presently meant to affect. Law is tied to life; and a failure to understand how a statute is so tied can undermine the very human activity that the law seeks to benefit' (p. 100).")
31. ^{{cite news |first=Mark |last=Feeney |title=Author in the Court: Justice Stephen Breyer's New Book Reflects His Practical Approach to the Law |url=http://archive.boston.com/ae/books/articles/2005/10/03/author_in_the_court/ |work=Boston Globe |date=October 3, 2005 }}
32. ^{{cite web |url=http://www.peterberkowitz.com/democratizingtheconstitution.pdf |format=PDF|title=Democratizing the Constitution |accessdate=October 26, 2007 |last=Berkowitz |first=Peter}}
33. ^Sunstein, pg. 7, citing Lori Ringhand, "Judicial Activism and the Rehnquist Court", available on ssrn.com and Cass R. Sunstein and Thomas Miles, "[https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?httpsredir=1&article=2663&context=journal_articles Do Judges Make Regulatory Policy? An Empirical investigation of Chevron]", University of Chicago Law Review 823 (2006).
34. ^{{cite news |first=Jeffrey |last=Toobin |title=Breyer's Big Idea |url=http://www.newyorker.com/archive/2005/10/31/051031fa_fact?currentPage=1 |work=The New Yorker |date=October 31, 2005 }}
35. ^{{cite web|last=Pakaluk|first=Maximilian|title=Chambered in a 'Democratic Space'. Justice Breyer explains his Constitution|work=National Review|date=March 13, 2006|url=http://www.nationalreview.com/comment/pakaluk_200603130802.asp|archive-url=https://web.archive.org/web/20060318104617/http://www.nationalreview.com/comment/pakaluk_200603130802.asp|dead-url=yes|archive-date=March 18, 2006|accessdate=October 31, 2007}}
36. ^({{ISBN|978-0307269911}}); {{cite news |first=David |last=Fontana |title=Stephen Breyer's "Making Democracy Work", reviewed by David Fontana |url=https://www.washingtonpost.com/wp-dyn/content/article/2010/10/01/AR2010100103520.html |work=The Washington Post |date=October 3, 2005 |accessdate=October 8, 2010}}
37. ^Stephen Breyer, Making Our Democracy Work: A Judge's View 74 (2010).
38. ^{{cite AV media | people= Stephen Breyer, Antonin Scalia, Jan Crawford Greenburg (moderator) | date=2006-12-05 | title=A conversation on the constitution: perspectives from Active Liberty and A Matter of Interpretation | medium=Video | location=Capital Hilton Ballroom - Washington, D.C. | publisher=The American Constitution Society; The Federalist Society|url=https://fedsoc.org/commentary/videos/a-conversation-on-the-constitution-with-supreme-court-justices-stephen-breyer-and-antonin-scalia-event-audio}}
39. ^1 2 Jeff Shesol. [https://www.nytimes.com/2010/09/19/books/review/Shesol-t.html?pagewanted=all&mcubz=0 Evolving Circumstances, Enduring Values], N.Y. Times, Sept. 17, 2010.
40. ^{{cite news|last1=Witt|first1=John Fabian|title=Stephen Breyer’s ‘The Court and the World’|url=https://www.nytimes.com/2015/09/20/books/review/stephen-breyers-the-court-and-the-world.html|work=The New York Times|date=September 14, 2015}}
41. ^{{cite web|title=The Court and the World: American Law and the New Global Realities|url=http://www.penguinrandomhouse.com/books/253016/the-court-and-the-world-by-stephen-breyer/|publisher=Penguin Random House|accessdate=October 27, 2015}}
42. ^{{cite news |url=http://www.foxnews.com/politics/2010/12/12/breyer-founding-fathers-allowed-restrictions-guns/#content |title=Breyer: Founding Fathers Would Have Allowed Restrictions on Guns |publisher= Fox News Channel |date=December 12, 2010 |accessdate=April 2, 2011}}
43. ^Nagraj, Neil (January 28, 2010) "Justice Alito mouths 'not true' when Obama blasts Supreme Court ruling in State of the Union address", New York Daily News
44. ^Blake, Aaron (December 12, 2010) "Justice Breyer: I'll go to State of the Union", The Washington Post
45. ^{{Cite journal| title = Distinguished Eagle Scout Award | journal=Scouting | issue = November – December 2007| page = 10| year = 2007 | url = http://www.scoutingmagazine.org/issues/0711/d-news.html |accessdate=November 1, 2007}}
46. ^{{Cite web|url=https://www.architectmagazine.com/awards/u-s-supreme-court-justice-stephen-breyer-named-chair-of-pritzker-architecture-prize-jury_o|title=https://www.architectmagazine.com/awards/u-s-supreme-court-justice-stephen-breyer-named-chair-of-pritzker-architecture-prize-jury_o|website=www.architectmagazine.com|access-date=2019-03-05}}

Further reading

  • {{Cite book|title=Active Liberty: Interpreting Our Democratic Constitution|last=Breyer|first=Stephen|publisher=Vintage Books|year=2005|isbn=0-307-27494-2|url=https://archive.org/details/activeliberty00step|location=New York}}
  • Stephen Breyer, [https://web.archive.org/web/20171005050652/http://scholarlycommons.law.hofstra.edu/cgi/viewcontent.cgi?article=1630&context=hlr The Federal Sentencing Guidelines and Key Compromises on Which They Rest], 17 Hofstra L. Rev. 1 (1988)
  • Ronald Collins, "Hypothetically Speaking: Justice Breyer’s Dialectical Propensities" (Concurring Opinions Blog, February 28, 2014

External links

{{Sister project links|wikt=no|b=no|q=Stephen Breyer|s=author:Stephen Breyer|commons=Category:Stephen Breyer|n=no|v=no|species=no}}
  • {{FJC Bio|255|nid=1378241|name=Stephen Gerald Breyer}}
  • {{Ballotpedia|Stephen_Breyer}}
  • Issue positions and quotes at OnTheIssues
  • {{C-SPAN|stephengbreyer}}
  • Review of Stephen Breyer's Active Liberty: Interpreting our Democratic Constitution
  • 'Stephen Breyer, the court's necromancer', a book review of Active Liberty: Interpreting Our Democratic Constitution in the New English Review
  • [https://www.npr.org/templates/story/story.php?storyId=4965766 "'Active Liberty' from Justice Stephen Breyer"], October 20, 2005 NPR's Fresh Air
  • [https://www.npr.org/templates/story/story.php?storyId=4929668 "Supreme Court Justice Breyer on 'Active Liberty'" Part 1 of Interview], September 29, 2005 NPR's Morning Edition
  • [https://www.npr.org/templates/story/story.php?storyId=4930456 "Justice Breyer: The Case Against 'Originalists'" Part 2 of Interview], September 30, 2005 NPR's Morning Edition
  • [https://www.npr.org/templates/rundowns/rundown.php?prgId=35&prgDate=03-24-2007&view=storyview Justice Breyer's appearance] on NPR's quiz show Wait Wait... Don't Tell Me, March 24, 2007
  • WGBH Forum Network: one and a half hours with US Supreme Court Justice of Law Stephen Breyer, September 8, 2003. [https://web.archive.org/web/20070613225135/http://forum.wgbh.org/wgbh/forum.php?lecture_id=1274 Description (archived)] | [https://www.youtube.com/watch?v=aE2oBlBj0ZY Video].
  • {{Internet Archive film clip|id=openmind_ep1667|description="The Open Mind - "Active Liberty" by Mr. Justice Breyer, Part I (2005)"}}
  • {{Internet Archive film clip|id=openmind_ep1668|description="The Open Mind - "Active Liberty" by Mr. Justice Breyer, Part II (2005)"}}
  • Supreme Court Associate Justice Nomination Hearings on Stephen Gerald Breyer in July 1994 United States Government Publishing Office
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