You can't say never, if it always holds, we wouldn't have Brown versus Board [ of Education ]. But, if it never holds, we're really in trouble in terms of the stability of the law. Okay ? Wonderful. This has occurred to you, this problem. And do you have anything to say that will help me decide this kind of balance ?

Stephen Breyer

Categorized in : Politics

The advantages? Exercise, no parking problems, gas prices, it's fun. An automobile is expensive. You have to find a place to park and it's not fun. So why not ride a bicycle? I recommend it.

Stephen Breyer

exercise advice fun

To threaten the institution is to threaten fair administration of justice and protection of liberty.

Stephen Breyer

umpires liberty justice

There are loads of countries that have nice written constitutions like ours. But there aren't loads of countries where they're followed.

Stephen Breyer

constitution nice country

This understanding, underlying constitutional interpretation since the New Deal, reflects the Constitution's demands for structural flexibility sufficient to adapt substantive laws and institutions to rapidly changing social, economic, and technological conditions.

Stephen Breyer

demand understanding law

You will read in the newspaper more often about federal courts, but the law that affects people, the trials that affect human beings are by and large in the state courts

Stephen Breyer

trials law people

I think whether you are a judge on my court or whether you are a judge on a court of appeals or any court, and lawyers too - and if you're interested in law yourself, you'll be in the same situation - you have a text that isn't clear. If the text is clear, you follow the text. If the text isn't clear, you have to work out what it means. And that requires context.

Stephen Breyer

law mean thinking

You can have many different selection systems, but the bottom line has to be a system that, once the judge takes office that judge will feel that he or she is to decide the case without reference to the popular thing or the popular will of the moment

Stephen Breyer

different office judging

Active liberty is particularly at risk when law restricts speech directly related to the shaping of public opinion, for example, speech that takes place in areas related to politics and policy-making by elected officials. That special risk justifies especially strong pro-speech judicial presumptions. It also justifies careful review whenever the speech in question seeks to shape public opinion, particularly if that opinion in turn will affect the political process and the kind of society in which we live.

Stephen Breyer

policy-making strong law

Every citizen has to figure out what kind of government he or she wants.

Stephen Breyer

citizens government want

It's important to every American that the law protect his or her basic liberty

Stephen Breyer

liberty important law

The best clue to what a person thinks is what he says.

Stephen Breyer

clue wisdom thinking

People have to be educated and they have to stick to it. If people lose that respect, an awful lot is lost

Stephen Breyer

awful sticks people

Independence doesn't mean you decide the way you want.

Stephen Breyer

independence want mean

We can speak about the institution, but ultimately the bar is the group that both is in touch with the public on the one hand and understands the judicial institution on the other

Stephen Breyer

bars groups hands

Independence means you decide according to the law and the facts.

Stephen Breyer

independence law mean

It doesn't help to fight crime to put people in prison who are innocent.

Stephen Breyer

innocence fighting people

And the problem is once you get into this campaign business and begin to have a lot of money, then the person on the bench begins to think - what's going to happen if I decide the case this way or that way?

Stephen Breyer

benches campaigns thinking

I mean, there are lots of people who get married who can't have children. To take a state that does allow adoption and say-there, what is the justification for saying no gay marriage? Certainly not the one you said, is it?

Stephen Breyer

gay mean children

Nobody wants a judge to be subject to the political whim of the moment.

Stephen Breyer

umpires political judging

But once the person is selected, at that point that person is independent.

Stephen Breyer

selected independent persons