| Line 1: |
Line 1: |
| | [[Image:Sryer.jpg|right]] | | [[Image:Sryer.jpg|right]] |
| − | The Honorable '''Stephen Breyer''' (born August 15, 1938) is an Associate Justice of the [[U.S. Supreme Court]], and is one of the most consistent liberal votes on the court. Breyer earned undergraduate degrees from [[Stanford University]] and Magdalen College, [[Oxford]], and received his LL.B. from [[Harvard]] Law School. In 1964 he served as a [[law clerk]] to Supreme Court Justice [[Arthur Goldberg]]. Following his clerkship, Breyer held several government posts, including Special Assistant to the Assistant U.S. Attorney General for Antitrust, Assistant Special Prosecutor for the [[Watergate]] Special Prosecution Force, and Special Counsel and Chief Counsel to the [[U.S. Senate Judiciary Committee]]. Breyer was a member of the faculty of Harvard Law School from 1967 to 1994 and the Harvard University [[Kennedy School of Government]] from 1977 to 1980. | + | The Honorable '''Stephen Breyer''' (born August 15, 1938) is an Associate Justice of the [[U.S. Supreme Court]], and is one of the most consistent liberal votes on the court. Breyer earned undergraduate degrees from [[Stanford University]] and Magdalen College, [[Oxford]], and received his LL.B. from [[Harvard]] Law School. In 1964 he served as a [[law clerk]] to Supreme Court Justice [[Arthur Goldberg]]. Following his clerkship, Breyer held several government posts, including Special Assistant to the Assistant U.S. Attorney General for Antitrust, Assistant Special Prosecutor for the [[Watergate]] Special Prosecution Force, and Special Counsel and Chief Counsel to the [[U.S. Senate Judiciary Committee]]. Breyer is credited with playing a key role in obtaining deregulation of the airline industry in the late 1970s. Breyer was a member of the faculty of Harvard Law School from 1967 to 1994 and the Harvard University [[Kennedy School of Government]] from 1977 to 1980. |
| | | | |
| − | Justice Breyer served as Judge on the First Circuit of the U.S. Court of Appeals from 1980 to 1990, and as Chief Judge of the First Circuit, 1990-1994. He was nominated to the Supreme Court by [[President Clinton]], and joined the court August 3, 1994.<ref>[http://www.supremecourtus.gov/about/biographiescurrent.pdf]</ref> | + | Justice Breyer served as Judge on the First Circuit of the U.S. Court of Appeals from 1980 to 1990, and as Chief Judge of the First Circuit, 1990-1994. |
| | + | |
| | + | Justice Breyer also served on the United States Sentencing Commission between 1985 and 1989, where he helped develop the federal [[Sentencing Guidelines]] to impose uniformity on sentencing in all federal criminal cases. |
| | + | |
| | + | He was nominated to the Supreme Court by [[President Clinton]], and joined the court August 3, 1994.<ref>[http://www.supremecourtus.gov/about/biographiescurrent.pdf]</ref> |
| | + | |
| | + | == Judicial Philosophy == |
| | + | |
| | + | On issues of religion, Justice Breyer is the least [[liberal]] of the four-Justice [[liberal]] voting bloc on the Court, which also includes Justices [[John Paul Stevens]], [[David Souter]] and [[Ruth Bader Ginsburg]], and former Justice [[Sandra Day O'Connor]]. Justice Breyer broke with that voting bloc to provide the pivotal fifth vote to allow the [[Texas]] government to maintain a monument to the [[Ten Commandments]] on its capitol grounds in [[Van Orden v. Perry]]. |
| | + | |
| | + | But on the issue of [[stare decisis]], Justice Breyer is leading the defense against [[liberal]] precedents vulnerable to being overturned by the [[Roberts Court]]. The most prominent target among the precedents is [[Roe v. Wade]], but many other lesser-known precedents were quickly overturned in the 2006-2007 sitting of the [[Roberts Court]]. This led Justice Breyer to declare on the last day of the term, perhaps in exasperation, "What has happened to stare decisis?"<ref>''Parents Involved in Cmty. Schs. v. Seattle Sch. Dist. No. 1'' (2007) (Breyer, J., dissenting)</ref> Justice Breyer dissented, on the grounds of [[stare decisis]], from 2007 decisions in: |
| | + | |
| | + | *''[[Leegin Creative Leather Prods. v. PSKS, Inc.]]'' |
| | + | *''[[Parents Involved in Cmty. Schs. v. Seattle Sch. Dist. No. 1]]'' |
| | + | *''[[Morse v. Frederick]]'' |
| | + | *''[[FEC v. Wis. Right to Life, Inc.]]'' (joining Justice Souter's dissent) |
| | + | |
| | + | On the issue of continued advisory use of the controversial [[Sentencing Guidelines]], Justice Breyer voted for preserving rather than invalidating them. |
| | | | |
| | {{DEFAULTSORT: Breyer, Stephen}} | | {{DEFAULTSORT: Breyer, Stephen}} |
| | [[Category:US Judges]] | | [[Category:US Judges]] |