Justice Stephen Breyer | Reading the Constitution

What is a textualist, and why does that judicial philosophy dominate the current U.S. Supreme Court?
Join us for a deep dive into the U.S. Supreme Court's prevailing judicial philosophy with recently retired Justice Stephen Breyer where he challenges the textualist approach embraced by the Court's current supermajority. Textualists advocate for interpreting the Constitution and statutes based on the original understanding of the text. However, Justice Breyer presents a nuanced view, arguing for a dynamic interpretation that considers societal evolution.
With his wealth of experience, Justice Breyer explores the historical context of judicial interpretation, echoing Chief Justice John Marshall's belief in the Constitution's adaptability. He analyzes pivotal cases, including the controversial Dobbs and Bruen decisions, critiquing their impact on the country. Don't miss this insightful discussion on the future of constitutional interpretation and the implications of textualism on our legal system.
NOTES
Breyer photo by Fred Schilling, Collection of the Supreme Court of the United States.
April 3, 2024
Speakers
Hon. Stephen Breyer
Former Associate Justice, U.S. Supreme Court; Author, Reading the Constitution: Why I Chose Pragmatism, Not Textualism
In Conversation with Tani Cantil-Sakauye
President and CEO, Public Policy Institute of California, and Former Chief Justice of the Supreme Court of California
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[@annemosbergen3951]

I read Camus's The Plague, as an 18-year-old, & do so every year since then. Impressed my view of life.

[@annemosbergen3951]

Why did some Supreme Court Judge nominees-under oath- affirm that they would follow stare decisis- then once on the court, they overturn stare decisis? Did they think the overturning Dred Scott decision - as giving them excusable permission to overturn Dobbs, etc.?

[@4everyoung24]

He seems extraordinary because he is so brilliantly reasonable. But also-what was the question again?

[@steveh6612]

Justice Breyer has sold me on pragmatism. I was already leaning that way, but now I'm sold. Textualism gets you 1800s laws revived

[@judithmcdonald9001]

The first Amendment needs to be updated (urgh) but only in its language to define "speech" in this day of electronic recording and distribution. The founding fathers didn't even have microphones. We know this problem. It is of our age when offensive, damaging and false information is being used to spread disinformation rapidly.. Don't we have a committee working on exactly this? Where is the violation? Not in the speech itself itself, but in the propagation and distribution of it,.

[@philosophy-of-science-and-law]

Thank you, Justice Breyer.

[@blueberry-ri7eb]

What good is reading the Constitution if the Supreme Court will not abide by it