United States Supreme Court Associate Justice Stephen Breyer discussed his judicial philosophy in Little Rock Arkansas yesterday as part of a guest lecture series sponsored by the University of Arkansas Clinton School of Public Service. He was introduced by a student who had appeared earlier in the day on ”Jeopardy” where he finished second. His introduction included teasing the Associate Justice that introducing him was the second most exciting thing he had done that day.
Breyer demonstrated the growth in historical importance of the Court with two examples. The first was President Andrew Jackson ignoring a Supreme Court decision and sending the Cherokee Nation on the “Trail of Tears” from Georgia to Oklahoma. Quatie Ross, the wife of the Cherokee Chief died on the trail and is buried in Little Rock. His second example was the decision of President Dwight Eisenhower to send federal troops to enforce the Court’s ruling against segregated public schools, forcing the enrollment of African American students at Little Rock’s Central High School in 1957.
Centered on his recent book “Making Democracy Work: A Judge’s View”, Justice Breyer laced his remarks with humorous observations, making no apologies for his judicial philosophy. He told the audience that a judge’s job is to determine how the Constitution applies to modern issues. He drove home his point with, “George Washington didn’t really have a view about the internet.”
He openly disagreed with applying the Constitution simply based on what the words meant when they were written. He indicated a preference for applying the Constitution’s core values in a pragmatic manner with an understanding of present circumstances. He did not go so far as to use the words “living document” to describe the Constitution.
During a question and answer session, Breyer was asked about the Court’s controversial decision in the Citizen’s United case. While allowing that he understood the majority’s concerns, the Associate Justice gave no quarter saying that the decision would have an adverse effect on freedom of speech and would “choke the voices off from the people who don’t have money.”
Now 72 years old, Breyer was appointed to the Supreme Court by President Bill Clinton in 1994. Asked about possible retirement, he responded “Have I thought about it? No.”
Sources: Associated Press as reported at Yahoo News; Arkansas News Bureau.
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For those less familiar with the decision:
“The Citizens United Decision by the Supreme Court: The 5-to-4 decision was a vindication, the majority said, of the First Amendment’s most basic free speech principle — that the government has no business regulating political speech. The dissenters said that allowing corporate money to flood the political marketplace would corrupt democracy.
“The ruling represented a sharp doctrinal shift, and it will have major political and practical consequences. Specialists in campaign finance law said they expected the decision to reshape the way elections were conducted. Though the decision does not directly address them, its logic also applies to the labor unions that are often at political odds with big business.
“The decision will be felt most immediately in the coming midterm elections, given that it comes just two days after Democrats lost a filibuster-proof majority in the Senate and as popular discontent over government bailouts and corporate bonuses continues to boil.
“President Obama called it “a major victory for big oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power every day in Washington to drown out the voices of everyday Americans.””
from the New York Times/ ed.dr.e
Contributor, aka tidbits. Retired attorney in complex litigation, death penalty defense and constitutional law. Former Nat’l Board Chair: Alzheimer’s Association. Served on multiple political campaigns, including two for U.S. Senator Mark O. Hatfield (R-OR). Contributing author to three legal books and multiple legal publications.