Justice Breyer: 'No Politics On the Court'
Justice Stephen Breyer says there are no partisan politics on the Supreme Court, only differences of analysis and interpretation.
"I haven't seen that kind of politics in the Supreme Court. Zero. It doesn't exist," he said.
What there is according to Breyer, are differences in the methods the Justices employ in arriving at their decisions:
Supreme Court Justice Stephen Breyer says he frequently makes decisions about a law's constitutionality by considering its purposes and consequences, which puts him at odds with fellow justices who try to adhere strictly to the language of the Constitution.
He said there are six factors that go into evaluating a law:
....the language of the law, the history of the text, tradition behind the text, precedents, the purpose of the law and the consequences of letting the law stand or striking it down.
"I tend to emphasize purpose and consequences," said Breyer, who was nominated for the high court by President Clinton. "Others emphasize language, a more literal reading of the text, history and tradition - believing that those help you reach a more objective answer."
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