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☆ Originalism Isn’t the Key to This Supreme Court. Tradition Is. - The New York Times
▼ + stars: | 2024-03-29 | by ( Marc O. De Girolami | ) www.nytimes.com time to read: +2 min

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

☆ Stephen Breyer tells CNN to expect ‘more and more and more’ abortion cases at the Supreme Court
▼ + stars: | 2024-03-27 | by ( Hannah Rabinowitz | ) edition.cnn.com time to read: +2 min

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

☆ Judge’s stern rebuke of Elon Musk’s X gives critics fresh hope
▼ + stars: | 2024-03-26 | by ( Brian Fung | Clare Duffy | ) edition.cnn.com time to read: +7 min

CNN —A federal judge’s decision this week reprimanding Elon Musk’s X will have reverberating effects on efforts to hold influential online platforms accountable, legal experts and advocacy groups say. Breyer held that the reports were “unquestionably” protected by the group’s free speech rights. Now, that decision could embolden other research groups and Musk critics who have faced legal threats from the billionaire. Researchers face hurdles to studying on-platform behaviorResearchers from non-profits and academic institutions have had a harder time studying X since Musk’s takeover in 2022. But one of Musk’s first changes at X was to put access to platform data behind a steep paywall.

Persons: reprimanding Elon Musk’s, Charles Breyer, Breyer, CCDH, X, Northern District of California —, Musk, White, Elon, ”, Alex Abdo, ” Abdo, Angelo Carusone, Carusone, Andrew Bailey, “, ” Carusone, David Karpf, ” Karpf, Nora Benavidez, Benavidez Organizations: CNN, Center, Court, Northern, Northern District of, Columbia University, “ Society, Twitter, Anti, Defamation League, Microsoft, Meta, Media, AGs, School of Media, Public Affairs, George Washington University, ” Free Press, Free Press Locations: Northern District, Northern District of California, Texas, Missouri

☆ Justice Breyer, Off the Bench, Sounds an Alarm Over the Supreme Court’s Direction
▼ + stars: | 2024-03-18 | by ( Adam Liptak | ) www.nytimes.com time to read: 1 min

Justice Stephen G. Breyer’s Supreme Court chambers are not quite as grand as those he occupied before he retired in 2022, but they are still pretty nice. In earlier interviews, Justice Breyer could be rambling and opaque. He said he meant to sound an alarm about the direction of the Supreme Court. The court has taken a wrong turn, he said, and it is not too late to turn back. The book, “Reading the Constitution: Why I Chose Pragmatism, Not Textualism,” will be published on March 26, the day the Supreme Court hears its next major abortion case, on access to pills used to terminate pregnancies.

Persons: Stephen G, Breyer, ” Organizations: Breyer’s

☆ Supreme Court: New documents show how Sandra Day O'Connor helped George W. Bush win the 2000 election
▼ + stars: | 2023-05-02 | by ( Joan Biskupic | ) edition.cnn.com time to read: +14 min

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.

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.

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