Justice Breyer’s Legacy-Defining Decision
In April, United States Supreme Court Justice Stephen Breyer delivered a lecture at Harvard Law School with the less-than-scintillating title “The Authority of the Court and the Peril of Politics.” He argued strongly—and, at least in my view, unconvincingly—that Supreme Court justices are above politics. Breyer insisted that “jurisprudential differences,” not political ones, “account for most, perhaps almost all, of judicial disagreements.