Why former SCOTUS Justice Breyer Chooses a Purpose-Oriented Approach

Описание: As an Associate Justice on the Supreme Court for almost three decades, Stephen Breyer was no stranger to hearing arguments for cases, whether landmark, federal, or otherwise, that reached the highest court in the land. In this conversation episode, our moderator-in-chief, John Donvan and Chief Content Officer, Lia Matthow, interview Justice Breyer, to discuss his book “Reading the Constitution: Why I Chose Pragmatism, not Textualism,”. Justice Stephen Breyer pulls back the curtain on life behind the bench—and makes a bold case for how he thinks we should interpret the Constitution and how he debated with his esteemed colleagues.

From his famous debates with Justice Scalia to his dissent in Dobbs v. Jackson, Breyer explains why he rejects textualism and originalism—and why he thinks it matters for every American. He shares insights on Roe v. Wade, the rise of conservative legal theory, and what he thinks is at stake when judges “just read the words.”

If you’ve ever wondered how the Court works—or whether it's become too political—and how cases are debated--this conversation will challenge your assumptions.

Topics include:
Why Breyer says textualism is a “false promise”
His friendship (and debates) with Justice Scalia
The truth about how decisions are made behind closed doors
How Dobbs could influence other decisions

Our Guest: Stephen Breyer, Former United States Supreme Court Justice

Emmy award-winning journalist John Donvan and Lia Matthow, Chief Content Officer of Open to Debate, moderates

#opentodebate #supremecourt #StephenBreyer #roevswade #scotus #judicial #law #constitutionallaw #lawandpolitics

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00:00:00 — Introduction: Why Former SCOTUS Justice Breyer Chooses a Purpose-Oriented Approach
00:02:39 — Justice Stephen Breyer on Why He Wrote "Reading the Constitution"
00:04:01 — Pragmatism vs. Textualism vs. Originalism Explained
00:06:23 — Breyer and Scalia’s Friendly Constitutional Debate
00:09:21 — The Limits of a Textualist Approach
00:15:01 — Dobbs and the Overturning of Roe v. Wade
00:18:57 — The Bruen Gun Case
00:24:10 — What Drew Justice Breyer to the Law
00:27:06 — What Does It Feel Like to Be a Supreme Court Justice?
00:31:29 — Redistricting Cases
00:32:32 — How Does the Supreme Court Choose Its Cases?
00:37:58 — Writing the Majority Opinion and Building a Coalition
00:41:07 — Can Justices Be Persuaded?
00:42:52 — What’s at Stake Today?
00:44:37 — How Important Is It For the Public to Understand Supreme Court Opinions?
00:48:12 — Final Thoughts