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Justice Stephen Breyer spent 28 years on the Supreme Court. During that time, he witnessed fiery disagreements among his peers over abortion, voting rights and marriage equality. What he never saw, though, was his colleagues hurling personal attacks over their differences in points of view. That’s a lesson, he says in this audio essay, that our politically divided nation should learn as well. (A full transcript of this audio essay will be available within 24 hours of publication in the audio player above.)
Persons: Stephen Breyer
The Supreme Court is hurting. I can say that with confidence — not based on any inside information but on the external evidence of how hard some of the justices are working to show that everyone on the court really does get along. The retired justice Stephen Breyer, on the talk circuit for his new book on constitutional interpretation, has been making the same point. I’m reminded of the last time the court made a concerted effort to assure the public that all was well. It was during the weeks that followed the ruling that clinched the 2000 presidential election for George W. Bush.
Persons: Sonia Sotomayor, , Amy Coney Barrett, Stephen Breyer, George W, Bush, Ruth Bader Ginsburg Organizations: National Governors Association, George Washington University, Times Locations: Gore, Australia
Recently, the Supreme Court justices Sonia Sotomayor and Amy Coney Barrett spoke together publicly about how members of the court speak civilly to one another while disagreeing, sometimes vigorously, about the law. Considerable disagreements on professional matters among the Supreme Court justices, important as they are, remain professional, not personal. They found some, and Justice Ginsburg wore them ever after. At about the same time, Justice O’Connor reminded me that our chief justice, William Rehnquist, had decided that he, too, needed something distinctive on his black robe. Justice O’Connor found at a European bookstall a picture of Lorenzo de’ Medici wearing similar stripes.
Persons: Sonia Sotomayor, Amy Coney Barrett, Sandra Day O’Connor, Ruth Bader Ginsburg, Justice Ginsburg, O’Connor, William Rehnquist, Gilbert, Sullivan’s, , Lorenzo de ’ Medici
Retired Supreme Court Associate Justice Stephen Breyer is worried about a divided America. It concerns many, including retired Supreme Court Associate Justice Stephen Breyer. Attentive listening to the opposing view often "increased the chances of agreement or compromise," Breyer wrote. Though he was one of the broadly liberal justices, Breyer described playing games of bridge with right-leaning Chief Justice William Rehnquist, Justice Anthony Kennedy, Justice Sandra Day O'Connor, and their spouses. "What works for nine people with lifetime appointments won't work for the entire nation, but listening to one another in search of a consensus might help," Breyer wrote.
Persons: Stephen Breyer, Breyer, , William Rehnquist, Anthony Kennedy, Sandra Day O'Connor, Gen Organizations: New York Times, Service, The New York Times Locations: America, Gaza, Ukraine
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.
Persons: Stephen Breyer, , Breyer, Kevin Newsom, Judge Newsom, Organizations: U.S ., Appeals, Harvard Law School
CNN —One day after the Supreme Court heard arguments in the first abortion-related case since Roe v. Wade was overturned, retired Justice Stephen Breyer told CNN that the justices will be forced to consider abortion “more and more and more.”In an interview with CNN’s Wolf Blitzer, Breyer chided the conservative majority for believing that the “harmful” Dobbs decision in 2022 would put an end to Supreme Court cases challenging abortion access. “The majority thinks it’s going to turn the whole issue over to the legislatures of states, and we’ll never have to deal with it again,” Breyer said of the landmark decision. “’Oh really,’ we said, ‘is that true?’” Breyer joked, citing the arguments in front of the justices Tuesday over attempts to limit access to mifepristone, the primary drug used for medication abortions. “Yesterday morning, they dealt with a big issue, and there will be more and more and more,” Breyer said. Two years after his retirement from the high court, Breyer released a new book “Reading the Constitution” that explains his approach to the law.
Persons: Roe, Wade, Stephen Breyer, CNN’s Wolf Blitzer, Breyer, ” Dobbs, we’ll, ” Breyer, , , ’ ” Breyer, , Bill Clinton, you’re Organizations: CNN
CNN —The Supreme Court on Tuesday will hear its first abortion case since the 2022 reversal of Roe v. Wade and upheaval of reproductive rights in America. All the while, public regard for the Supreme Court has degenerated. Supreme Court Justice Stephen Breyer is photographed at his home in Cambridge, Massachusetts, in September 2015. Dirck Halstead/The LIFE Images Collection/Getty Images Breyer and his daughter Chloe jog with Clinton in May 1994. Mai/The LIFE Images Collection/Getty Images Breyer works in his office with his staff of clerks in June 2002.
Persons: Roe, Wade, Joe Biden, Donald Trump, Dobbs, Biden, Elizabeth Prelogar, mifepristone, Prelogar, what’s, , Susan B, Anthony Pro, , Evelyn Hockstein, Breyer, Stephen Breyer, Justice Ketanji Brown Jackson, Samuel Alito, Hodges, Trump, , ” Breyer, Damon Winter, Stephen, Irving, Anne, Charles ., Chloe, Nell, Michael —, Joanna Breyer, Ira Wyman, Sygma, Byron White, Ruth Bader Ginsburg, John Harrington, Joanna, John Tlumacki, Bill Clinton, Clinton, Harry Blackmun, Dirck Halstead, Doug Mills, US Sen, Ted Kennedy, Laura Patterson, John Blanding, Colin Powell, George W, Bush, Mai, David Hume Kennerly, Seuss, Evan Vucci, Charles, Marcio Jose Sanchez, William Rehnquist, Clarence Thomas, David Souter, William Kennedy, Antonin Scalia, Sandra Day O'Connor, John Paul Stevens, Chip Somodevilla, John Roberts, Pablo Martinez Monsivais, Samuel Alito's, Gerald Herbert, Cole Mitguard, Mourning, Penni Gladstone, Clara Scholl, Elise Amendola, Nicholas Kamm, Michelle Obama, Barack Obama, Alex Wong, ABC's George Stephanopoulos, Heidi Gutman, Andrew Harrer, Hu Jintao, Eli, Shutterstock Breyer, Britain's Prince Charles, Mandel Ngan, Tom Williams, Carolyn Kaster, Ben Bradlee, Bill O'Leary, Pete Marovich, Stephen Colbert, Jeffrey R, Win McNamee, Elena Kagan, Neil Gorsuch, Anthony Kennedy, Sonia Sotomayor, Maureen Scalia, Andrew Harnik, Brett Kavanaugh, Amy Coney Barrett, Erin Schaff, Abraham Lincoln, George Washington, Saul Loeb, Ketanji Brown Jackson, Patrick, Fred Schilling, Matthew Kacsmaryk, Erin Hawley, GYN, Organizations: CNN, Alabama Supreme, Republican, Food, Drug Administration, FDA, Jackson, Health Organization, District of Columbia, America, United States Conference of Catholic Bishops, Alamo Women's, Reuters, Supreme Court, Democratic, Supreme, New York Times, Harvard Law School, Appeals, First Circuit, Circuit, Getty, White House, Airport, Boston Globe, US, Suffolk University Law School, Francisco's Lowell High School, San Francisco Chronicle, Belgium's Catholic University of Louvain, Georgetown University Law Center, Administrative, Administrative Conference of, Jewish American Heritage Month, Walt Disney Television, Bloomberg, White, Office, Committee, Washington Nationals, Washington Post, Financial Services, General Government, CBS, State, The New York Times, Library of Congress, Alliance, Hippocratic, Alliance for Hippocratic, OB, Department, Justice Locations: America, New York, Carbondale , Illinois, Cambridge , Massachusetts, Maine , Massachusetts, New Hampshire, Puerto Rico, Rhode Island, AFP, San Francisco, Lowell, Washington , DC, United States
WASHINGTON (AP) — One fall day in 2010, retired Supreme Court Justice Sandra Day O’Connor slipped into the courtroom where she worked for nearly 25 years to take in an “amazing” sight. That was pretty amazing.”O’Connor lived to see four women serve at the same time on the Supreme Court. Political Cartoons View All 1277 ImagesO’Connor, who left the court in 2006, died Friday in Phoenix of complications related to advanced dementia and a respiratory illness, the Supreme Court said. “I had never expected or aspired to be a Supreme Court justice. —-Richard Carelli, a former Supreme Court reporter for The Associated Press who is now retired, contributed to this story.
Persons: Sandra Day O’Connor, O’Connor, , ” O’Connor, Ronald Reagan, Samuel Alito, wasn’t, John, Donald Trump's, Alito, O'Connor, , Sandra Day, Bill Clinton, Ruth Bader Ginsburg, “ I’m Sandra, Ruth, ” Ginsburg, Barack Obama, Sonia Sotomayor, David Souter, “ It’s, Obama, Elena Kagan, Trump, Amy Coney Barrett, Ginsburg, Stephen Breyer, Ketanji Brown Jackson, she'd, SCOTUS, ” Ruth McGregor, O’Connor’s, Mary, David Letterman’s, Jon Stewart, John O’Connor, Scott, Brian, Jay, Potter Stewart, Richard Carelli Organizations: WASHINGTON, New York Times, Iraq, College of William, CBS, Supreme, Associated Press Locations: Phoenix, Arizona, Washington, United States, Virginia, Los Angeles
WASHINGTON (AP) — The Supreme Court agreed Friday to decide whether state laws that seek to regulate Facebook, TikTok, X and other social media platforms violate the Constitution. The justices will review laws enacted by Republican-dominated legislatures and signed by Republican governors in Florida and Texas. While the details vary, both laws aim to prevent the social media companies from censoring users based on their viewpoints. Separately, the high court also could consider a lower-court order limiting executive branch officials’ communications with social media companies about controversial online posts. By a 5-4 vote, the justices kept the Texas law on hold while litigation over it continues.
Persons: Donald Trump, Trump, John Roberts, Stephen Breyer, Sonia Sotomayor, Brett Kavanaugh, Amy Coney Barrett, Clarence Thomas, Samuel Alito, Elena Kagan, Neil Gorsuch, Alito, Chris Marchese Organizations: WASHINGTON, Supreme, Facebook, Republican, Locations: Florida and Texas, Texas
Florida and Texas laws regulating social media platforms are up for review by the Supreme Court. AdvertisementAdvertisementThe Supreme Court agreed Friday to decide whether state laws that seek to regulate Facebook, TikTok, X and other social media platforms violate the Constitution. While the details vary, both laws aim to prevent the social media companies from censoring users based on their viewpoints. AdvertisementAdvertisementSeparately, the high court also could consider a lower-court order limiting executive branch officials' communications with social media companies about controversial online posts. In dissent, Alito wrote, "Social media platforms have transformed the way people communicate with each other and obtain news."
Persons: , Donald Trump, Trump, John Roberts, Stephen Breyer, Sonia Sotomayor, Brett Kavanaugh, Amy Coney Barrett, Clarence Thomas, Samuel Alito, Elena Kagan, Neil Gorsuch, Alito, Chris Marchese Organizations: Supreme, Service, Facebook, Republican Locations: Florida, Texas, Florida and Texas
Just 3 out of the 9 Supreme Court Justices are liberals. Unless Democrats are willing to risk a 7-2 GOP-held Supreme Court, it might be time to consider retirement. However, Joe Biden should be far from the Democrats' biggest worry when it comes to age. It would be tremendously bad luck, but then again, anyone who thinks that Democrats have had good luck at the Supreme Court is delusional. The question is rather, what is the maximum level of acceptable risk of a 7-2 GOP-held Supreme Court?
Persons: Sonia Sotomayor, Elena Kagan, Joe Biden's, Joe Biden, Biden, Ketanji Brown Jackson, Stephen Breyer, Barack Obama, , Donald Trump, Ruth Bader Ginsberg, Roe, Wade, Biden's, They're, John Paul Stevens, Sandra Day O'Connor, it's Organizations: Service, Democrats, GOP, Republican, Democratic Senate Locations: Wall, Silicon, American, Phoenix , Arizona
July 18 (Reuters) - The U.S. Senate on Tuesday confirmed an Ohio public interest lawyer as President Joe Biden's latest nominee to the 6th U.S. Circuit Court of Appeals in a vote that was largely along party lines. Rachel Bloomekatz was approved by a vote of 50-48 to the Cincinnati-based appeals court as Senate Democrats push to confirm judges ahead of a planned recess next month. Bloomekatz, who launched the public interest law firm Bloomekatz Law in Ohio in 2019, has represented consumers, workers and voters in appellate cases. Bloomekatz previously worked at Washington, D.C.-based Gupta Wessler, a law firm that represents plaintiffs in appellate litigation, and global law firm Jones Day.
Persons: Joe Biden's, Rachel Bloomekatz, Chuck Schumer, litigator, Bloomekatz, Joe Manchin, Stephen Breyer, Donald Trump, Gupta, Jones, Andrew Goudsward, Jacqueline Thomsen, Jamie Freed Organizations: U.S, Senate, Circuit, Appeals, Democrats, Top, Bloomekatz Law, Gun Safety, Republicans, Democratic, Supreme, Washington , D.C, Thomson Locations: Ohio, Cincinnati, U.S ., Tennessee, Washington ,, Washington
The Supreme Court makes nearly all its decisions on the emergency relief docket or "shadow docket." What is the Supreme Court 'shadow docket?' Capitol Police watch an abortion-rights rally from behind the security fence surrounding the Supreme Court on June 23, 2022. Public trust in the Supreme Court is at a historic lowNadine Seiler attends a rally for voting rights while the U.S. Supreme Court hears oral arguments in the Moore v. Harper case December 7, 2022. The dangers posed by the shadow docket are more perilous than the wrongs of individual justices, Vladeck argues, because the shadow docket's ills are inherently institutional.
Persons: Steve Vladeck, , Vladeck, Sonia Sotomayor, Clarence Thomas, John Roberts, Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh, Scott Applewhite, mifepristone, William Baude, Nathan Howard, it's, Ruth Bader Ginsburg, Anthony Kennedy, Stephen Breyer, Elena Kagan, Ketanji Brown Jackson, Joe Biden's, Chip Somodevilla, Roe, Wade, Obama, Bush, Trump, Nadine Seiler, Harper, Drew Angerer, stokes Organizations: Service, Supreme, Supreme Court, AP, University of Chicago, Capitol Police, Getty, Former, Locations: United, Joe Biden's State, Texas, U.S, Moore
[1/3] Judge Ketanji Brown Jackson listens to U.S. According to legal scholar Adam Feldman, who tracks court data, Jackson spoke more during oral arguments than any of the other current justices during their first terms. "She's just showed up from day one," said Terry Maroney, a Vanderbilt Law School professor who studies judicial decision-making and behavior. "She knows what she's doing, she's not shy, she's posing uncomfortable hypotheticals - and she's not afraid to do those things even if it's causing discomfort." Last year, rulings powered by the conservative justices ended recognition of a constitutional right to abortion and widened gun rights.
Persons: Ketanji Brown Jackson, Cory Booker, Elizabeth Frantz, Jackson, Lorie Smith, Smith, Santa Claus, Kristen Waggoner, Joe Biden, Adam Feldman, She's, Terry Maroney, she's, Stephen Breyer, Kent Greenfield, Greenfield, Sonia Sotomayor, Elena Kagan, Roman Martinez, John Roberts, Jackson's, Neil Gorsuch, Martinez, " Maroney, Andrew Chung, John Kruzel, Will Dunham Organizations: U.S . Senate, U.S, Supreme, Capitol, REUTERS, WASHINGTON, Democratic, Vanderbilt Law, Environmental Protection Agency, Boston College, Thomson Locations: Washington , U.S, Colorado, United States, California, New York, Washington
On two occasions, the Supreme Court has declined to take on cases involving publishing conglomerate Penguin Random House. There have been two cases that came before the Supreme Court involving publishing conglomerate Penguin Random House. In both situations, the Supreme Court declined to take on the copyright infringement cases, allowing the publisher to win at a lower court level. Conservative Justice Neil Gorsuch was confirmed in 2017 and was also a member of the Supreme Court during the second case. Sotomayor and Gorsuch had both signed major book deals with the publisher before the cases occurred, and both justices declined to recuse themselves from the cases involving Penguin Random House.
CNN —Justice Sandra Day O’Connor provided the early framework that steered the outcome in the dispute over the 2000 presidential election and ensured George W. Bush would win the White House over Al Gore, Supreme Court documents released on Tuesday show. They also demonstrate the tension among the nine justices being asked to decide a presidential election on short deadlines. The five conservative justices (O’Connor, Kennedy, Rehnquist, Antonin Scalia and Clarence Thomas) sided with Bush. The Florida results had been too close to call at the end of Election Day, November 7. The next day, Kennedy wrote to the chief justice, “Sandra’s memorandum sets forth a very sound approach” and said he wanted to build on it.
CNN —Senate Judiciary Chairman Dick Durbin has requested that Chief Justice John Roberts or “another Justice whom you designate” appear before his committee next month for a hearing on Supreme Court ethics rules. The hospitality was not disclosed on Thomas’ public financial filings with the Supreme Court, ProPublica said. In his letter, Durbin argued that there is precedent for justices to testify before the committee, citing a hearing in 2011 when then-justices Stephen Breyer and Antonin Scalia appeared for a hearing. These problems were already apparent back in 2011, and the Court’s decade-long failure to address them has contributed to a crisis of public confidence,” Durbin wrote. “The status quo is no longer tenable.”The Supreme Court did not immediately respond to a request for comment.
But Democratic women in the Senate say gender is playing a role in how her absence is being handled. But women Democratic senators told Insider at the Capitol on Wednesday that they believe sexism is at play and that the chamber's longest-serving Democrat is being held to an unfair standard because she is a woman. More recently, Democratic Sen. John Fetterman of Pennsylvania was recently absent from the chamber for six weeks as he sought treatment for clinical depression. "I think it's important for Senator Feinstein to do what is what is best for her," said Democratic Sen. Jeanne Shaheen of New Hampshire. "I just believe that it's not somebody else's assessment to make; it's her assessment to make," said Democratic Sen. Tammy Baldwin of Wisconsin.
The ruling authored by Jackson, who was confirmed last year by the Senate as the newest of the nine justices, was unanimous. Under that law, money orders that go uncashed can be generally taken by the state in which they are purchased. Circuit Judge Pierre Leval, later agreed with Delaware's view that they were not legally money orders but were "third-party bank checks." Jackson rejected that position, saying the financial instruments were similar to money orders in function and operation by allowing prepayment of a specified amount to a specific person. "And none of the differences Delaware identifies relates to the statutory text or ordinary meaning of a money order," Jackson wrote.
WASHINGTON — Conservative Justice Brett Kavanaugh said the Supreme Court is not as divided as members of the public might think, praising his liberal colleagues and highlighting rulings in which the justices were not divided on ideological lines during a recent public appearance. Kavanaugh had special praise for the late liberal Justice Ruth Bader Ginsburg, the recently retired liberal Justice Stephen Breyer and Breyer’s successor, liberal Justice Ketanji Brown Jackson, saying she “has hit the ground running" and is "thoroughly prepared." Ginsburg and Breyer "couldn't have been better at welcoming me to the court," Kavanaugh said, referring to his nomination by then-President Donald Trump in 2018. Kavanaugh this week appeared eager to counter any perceptions that the court is usually divided on ideological lines, pointing out several cases in which he had joined liberal justices in 5-4 decisions. Statistics compiled for the SCOTUSblog legal website showed, however, that in the previous court term only 29 percent of the decisions were unanimous, lower than at any time in the past two decades.
Justice Brett Kavanaugh praised fellow Justice Ketanji Brown Jackson. "She's off to a great start," Kavanaugh said of the newest member of the Supreme Court. "She's off to a great start," Kavanaugh continued, adding that Jackson "hit the ground running" and fits in well with the group. Jackson, who's seated next to Kavanaugh on the bench, has received widespread attention in the legal world less than four months into her tenure at the Supreme Court. I'm optimistic about the court, I'm optimistic about the country, I'm optimistic about my colleagues."
The report said investigators interviewed 97 court employees but was silent on whether the nine justices who sat on the court at the time of the leak were interviewed, prompting calls from Democratic lawmakers and others for clarity. "During the course of the investigation, I spoke with each of the justices, several on multiple occasions," Curley said in the statement, released by the court. "I followed up on all credible leads, none of which implicated the justices or their spouses," Curley added. Curley said on that basis she decided it was not necessary to ask the justices to sign sworn affidavits affirming they did not leak the draft, something court employees were required to do. Gabe Roth, executive director of the court reform group Fix the Court, said the fact that the report initially omitted the fact that the justices were interviewed "smells fishy."
Supreme Court Justice Ketanji Brown Jackson is working on a memoir. Jackson, the first Black woman appointed to the court, is calling the book “Lovely One.”“Mine has been an unlikely journey,” Jackson said in a statement released Thursday by Random House. This memoir marries the public record of my life with what is less known. Jackson joined the court last year after President Joe Biden named her to succeed the retiring Stephen Breyer. Justice Amy Coney Barrett has a deal with the Penguin Random House imprint Sentinel.
Justice Ketanji Brown Jackson on Monday wrote her first opinion since taking office over the summer, objecting to the Supreme Court’s decision not side with an Ohio death row inmate’s claim. Chinn's lawyers argued that prosecutors had withheld evidence that a key witness, Marvin Washington, was severely mentally disabled, with an IQ of 48. Jackson wrote in an opinion dissenting from the court’s decision to reject Chinn’s claim that there was “no dispute” that the state had suppressed evidence that would have undermined Washington’s credibility as a witness. Under a 1963 Supreme Court ruling called Brady v. Maryland, such conduct can constitute a due process violation. Jackson, the first Black woman to serve on the Supreme Court, was appointed by President Joe Biden to replace fellow liberal Justice Stephen Breyer, who retired over the summer.
The Supreme Court on Monday wades into the decadeslong legal fight over affirmative action in cases challenging policies at the University of North Carolina and Harvard University, with the conservative majority expected to be open to ending the practice. The Supreme Court, which has a 6-3 conservative majority, will hear back-to-back oral arguments in the UNC and Harvard cases; the session is likely to last several hours. The arguments against affirmative action are being brought by a group called Students for Fair Admissions, led by conservative activist Ed Blum. The court shifted to the right following former President Donald Trump’s appointment of three conservative justices. If affirmative action is ended, those defending the practice say, race-neutral policies aimed at achieving diversity will often fail, leading to a decline in Black and Hispanic enrollment.
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