It is a sign of the polarizing nature of the current Supreme Court that even knowledgeable critics of its opinions make diametrically opposed arguments. Justice Breyer’s criticism follows on the heels of that of another judge, Kevin Newsom of the U.S. Court of Appeals for the 11th Circuit. Such traditions, he warned, “have no demonstrable connection to the original, written text.”The current Supreme Court is the object of considerable controversy and confusion. Justice Breyer is right that the Constitution should be interpreted, in part, in light of practices that persisted after its ratification, but wrong to think that the current court is not doing this. Judge Newsom is right that the current court is doing this, but wrong to think that it should not be.

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Persons: Stephen Breyer, ”, Breyer, Kevin Newsom, Judge Newsom, “ Organizations: U.S ., Appeals, Harvard Law School