Much of his work has been adapted for film and TV. Breyer occasionally sides with his conservative colleagues, most notably in a 2014 decision that upheld a Michigan constitutional amendment that bans affirmative Levine During his early years as an assistant professor, Breyer met psychologist Joanna Hare, the daughter of British Conservative Party leader John Hare. Breyer was a judge in the U.S. from 1980 to 1994. Projects; About; Contacts; The State of Washington imposes a tax upon fuel importers who travel by public highway. 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. [13], 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. [15] While there, he wrote two highly influential books on deregulation: Breaking the Vicious Circle: Toward Effective Risk Regulation and Regulation and Its Reform. He was awarded a Marshall Scholarship at Magdalen College, Oxford, which he used to study philosophy, politics, and economics. stephen breyer ideology. 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. Following a week of hearings, he was approved by the Senate by a vote of 87 to 9 and assumed his position as associate Well, get on the subway and go to Maryland. Marshall • Writing for a unanimous court, Justice Stephen Breyer upheld the D.C. Breyer clerked for Supreme Court Associate Justice Arthur J. Goldberg for the 1964-1965 term, before becoming special assistant to the U.S. Assistant Attorney General [23], Breyer has consistently voted in favor of abortion rights,[24][25] one of the most controversial areas of the Supreme Court's docket.

Breyer's pragmatic approach to the law "will tend to make the law more sensible", according to Cass Sunstein, who added that Breyer's "attack on originalism is powerful and convincing". Famous People in USA

1629, and the United States Senate confirmed him on December 9, 1980, by an 80–10 vote. [41] 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. This information is updated annually at the end of each term.[11][12][13]. of Education and his mother, Anne, volunteered for the League of Women Voters. [7], The American Bar Association rated Breyer Unanimously Well Qualified to become an associate justice for the Supreme Court. stephen breyer ideology. 100). the Judicial Conference of the United States. He played a key role in reforming federal criminal sentencing practices on the sentencing committee, creating the Federal Sentencing Guidelines, which were formulated to improve sentencing uniformity. 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. The book's historical premises and practical prescriptions have been challenged. 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.

” In 2006, Breyer said that in determining the constitutionality of a law, while some of his colleagues” emphasize language, a more literal reading of the document, history, and tradition of the [Constitution], “he looks more clockwise. 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. Stephen King is a 'New York Times'-bestselling novelist who made his name in the horror and fantasy genres with books like 'Carrie,' 'The Shining' and 'IT.' Breyer was a visiting professor at the College of Law in Sydney, Australia, the University of Rome,[13] and the Tulane University Law School.

[43], 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. federal tax subsidies of the Affordable Care Act and the constitutional right for same-sex marriage. 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. Breyer rejects Justice Scalia’s strict interpretation of the Sixth Amendment that all facts necessary for criminal punishment must be submitted to a jury and proved beyond a reasonable doubt.

After serving on the Watergate Special Prosecution Force, in 1973, Breyer was appointed special counsel to the Senate Judiciary Committee, where he earned accolades for T. Johnson • Helped End School Segregation . Breyer attended Stanford University after high school, where he majored in philosophy, was exposed to Phi Beta Kappa, and graduated with a Bachelor of Arts degree with honors in 1959. 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. Irving Breyer was legal counsel for the San Francisco Board of Education. Breyer's position "demonstrates not fidelity to the Constitution", Berkowitz argues, "but rather a determination to rewrite the Constitution's priorities". He is the son of Anne A. His father, Irving, was legal counsel for the San Francisco Board He has noted that only the last two distinguish him from textualists such as Scalia. He has made his fortune from his career as an American lawyer, jurist, and legal scholar. As the high court's junior justice for a near-record 11 1/2 years, Breyer developed a reputation for his pragmatism. 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. [1], Breyer was born on August 15, 1938, in San Francisco, California,[2] the son of Anne A. Justice Breyer explains his Constitution", "Stephen Breyer's "Making Democracy Work", reviewed by David Fontana", "Stephen Breyer's 'The Court and the World, "The Court and the World: American Law and the New Global Realities", "Breyer: Founding Fathers Would Have Allowed Restrictions on Guns", "Justice Alito mouths 'not true' when Obama blasts Supreme Court ruling in State of the Union address", "Justice Breyer: I'll go to State of the Union", "U.S. Supreme Court Justice Stephen Breyer Named Chair of Pritzker Architecture Prize Jury", The Federal Sentencing Guidelines and Key Compromises on Which They Rest, Hypothetically Speaking: Justice Breyer’s Dialectical Propensities, Review of Stephen Breyer's Active Liberty: Interpreting our Democratic Constitution, 'Stephen Breyer, the court's necromancer', "'Active Liberty' from Justice Stephen Breyer", "Supreme Court Justice Breyer on 'Active Liberty'" Part 1 of Interview, "Justice Breyer: The Case Against 'Originalists'" Part 2 of Interview, "The Open Mind - "Active Liberty" by Mr. Justice Breyer, Part I (2005)", "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, https://en.wikipedia.org/w/index.php?title=Stephen_Breyer&oldid=985880032, American people of Romanian-Jewish descent, Judges of the United States Court of Appeals for the First Circuit, Justices of the Supreme Court of the United States, Law clerks of the Supreme Court of the United States, Members of the United States Sentencing Commission, United States court of appeals judges appointed by Jimmy Carter, United States federal judges appointed by Bill Clinton, Wikipedia pages semi-protected from banned users, Wikipedia articles incorporating text from the Biographical Directory of Federal Judges, Wikipedia articles with CINII identifiers, Wikipedia articles with SNAC-ID identifiers, Wikipedia articles with SUDOC identifiers, Wikipedia articles with Trove identifiers, Wikipedia articles with WORLDCATID identifiers, Creative Commons Attribution-ShareAlike License.

Breyer was exposed to both the law and political activity at a very young age through his parents careers.

[8][14], Breyer was a lecturer, assistant professor, and law professor at Harvard Law School starting in 1967. nomination as a replacement for Harry Blackmun. In Breyer's terminology, this is the "active liberty" the judge should champion. "Justice Breyer Should Recuse Himself from Ruling on Constitutionality of Federal Sentencing Guidelines, Duke Law Professor Says", "The Overview; Clinton Names Ruth Ginsburg, Advocate for Women, to Court", "Justice Breyer Favors 'Less Literal' Readings", "Memo to John Roberts: Stephen Breyer, a cautious, liberal Supreme Court justice, explains his view of the law", Transcript of Discussion Between Antonin Scalia and Stephen Breyer, "Behind the aftermath of the 2000 U.S. election", "Author in the Court: Justice Stephen Breyer's New Book Reflects His Practical Approach to the Law", Do Judges Make Regulatory Policy? He was nominated to the Supreme Court by President Bill Clinton and sworn in on August 3, 1994. 1629, and on December 9, 1980, by an 80-10 vote, the United States Senate confirmed him. Ross • In his dissenting opinion, Justice Breyer proposed sending the case back to Florida's Supreme Court so that it could devise an order for "a constitutionally proper contest" by which to decide the winner.