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Justice Breyer: 'No Politics On the Court'

By Jeralyn, Section Supreme Court
Posted on Wed Feb 08, 2006 at 10:50:43 AM EST
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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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    Justice Breyer: 'No Politics On the Court' | 7 comments (7 topical)
    Re: Justice Breyer: 'No Politics On the Court' (none / 0) (#1)
    by Dadler on Wed Feb 08, 2006 at 11:06:47 AM EST
    I like Breyer, but I have to disagree with him. The personal is always political, the political is always personal. I don't see air, either, but I know it exists. The Supreme Court is a de-facto political body, and the personal politics and philosophies of the justices obviously play the biggest role in the decisions the court made. Unless they are not actually human, shich for a few of them I might wager on. Justices are people, humans, fallible. If we didn't want such, we could program a computer to make most decisions. One's "politics" are more than voting and candidates, it's a critical state of mind or lack thereof.

    Re: Justice Breyer: 'No Politics On the Court' (none / 0) (#2)
    by Talkleft Visitor on Wed Feb 08, 2006 at 11:07:45 AM EST
    While Ann Coulter and her friends and I will obviously have the opposite answer, I find it hard to fathom how anyone can say Scalia and to a lesser degree, Thomas, do not decide cases based solely on party beliefs. (Yes, I know, I know, the conservative people here will give examples of "liberal judges" who do the same. Noooo, I hadn't thought of that at all...) Anyway, Scalia does rely heavily on "tradition" but only when tradition and super-conservative beliefs go hand in hand. If they don't, then tradition goes right out the window. And before anyone tries to give examples of super liberal judges currently on the Court, try reading some of Scalia's opinions, or his many, many, many dissents, and just try saying whilst avoiding the lightning strikes that he's not a partisan hack. You won't understand what I'm talking about without reading some of his opinions, but you'll also never see such partisanship and bitterness and retaliatory language in Ginsburg's or Kennedy's or anyone else's opinions.

    Re: Justice Breyer: 'No Politics On the Court' (none / 0) (#3)
    by Sailor on Wed Feb 08, 2006 at 02:48:00 PM EST
    Gee, and who would have thought that the first time in American history the Supreme Court installed a president it was a partyline vote. Yep, no politics here.

    Re: Justice Breyer: 'No Politics On the Court' (none / 0) (#4)
    by Talkleft Visitor on Wed Feb 08, 2006 at 08:09:24 PM EST
    Get over it, the vote was 7-2 that Bush's rights were violated by an unfair vote, and 5-4 that the remedy was to stop counting and accept the total. Move on.

    Re: Justice Breyer: 'No Politics On the Court' (none / 0) (#5)
    by Talkleft Visitor on Wed Feb 08, 2006 at 08:18:54 PM EST
    Move on. I know, you're right, I should, move on and all... but it's hard, you know? I mean, he's just sucked so baaaaad.

    Re: Justice Breyer: 'No Politics On the Court' (none / 0) (#6)
    by pigwiggle on Thu Feb 09, 2006 at 08:35:42 AM EST
    "(Yes, I know, I know, the conservative people here will give examples of "liberal judges" who do the same. Noooo, I hadn't thought of that at all...)"
    Well, there's nothing mysterious, or profound (or even sinister) here. Much of what forms the fundamental tenets of each party comes from a liberal or conservative view of the role and text of the constitution. It should be no surprise, for example, that left leaning legislators and judges have similar philosophies about the intent and application of the constitution. What I think is telling (bias wise) are decisions like Kelo and Raich or Gonzales v Oregon. You see the liberal justices deciding quite in line with liberal philosophy but out of step with current liberal sentiment; and the conservative justices likewise. Cases like these really do highlight the more 'political' minded justices (ehhem ... Scalia). As far as Justice Thomas and Justice Scalia are concerned, I'll give you that Justice Scalia appears more than willing to bend his judicial philosophy to match party inclinations. Justice Thomas, well that's another matter. I'm very fond of Justice Thomas, but unfortunately I believe he is not so insignificantly influenced by Justice Scalia. Likely an unfortunate consequence of his treatment at the hands of the Democratic lynch mob during his confirmation review.

    Re: Justice Breyer: 'No Politics On the Court' (none / 0) (#7)
    by Talkleft Visitor on Thu Feb 09, 2006 at 03:09:31 PM EST
    the Court committed the unpardonable sin of being a knowing surrogate for the Republican Party instead of being an impartial arbiter of the law None Dare Call It Treason

    Justice Breyer: 'No Politics On the Court' | 7 comments (7 topical)