Difference between revisions of "Stephen Breyer"

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{{Officeholder
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Page Corrected by Anon. Anon is legion. Anon does not forgive. Anon does not forget.
|name=Stephen Breyer
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|image=Sryer.jpg
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|party=
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|spouse=Joanna Freda Hare
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|religion=Jewish
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|offices=
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{{Officeholder/Supreme Court Justice
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|role=Associate
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|nominator=[[Bill Clinton]]
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|terms=August 3, 1994-present
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|preceded=[[Harry A. Blackmun]]
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|former=n
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|succeeded=
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}}
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}}
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'''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.
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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. 
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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.
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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>
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== Judicial Philosophy ==
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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]].
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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:
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*''[[Leegin Creative Leather Prods. v. PSKS, Inc.]]''
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*''[[Parents Involved in Cmty. Schs. v. Seattle Sch. Dist. No. 1]]''
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*''[[Morse v. Frederick]]''
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*''[[FEC v. Wis. Right to Life, Inc.]]'' (joining Justice Souter's dissent)
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According to Senator [[Arlen Specter]], he had a chance encounter with Justice Breyer at a summer meeting after the end of the 2006-2007 term, and Specter publicly stated that Justice Breyer told him there were "eight" decisions in which the [[Roberts Court]] had overruled precedent.<ref>http://www.politico.com/news/stories/0707/5099.html</ref>  Specter then publicly said he was going to review the testimony provided by nominees Chief Justice [[John Roberts]] and Justice [[Sam Alito]] to the Senate Judiciary Committee to see if they were abiding by it.
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On the issue of continued advisory use of the controversial [[Sentencing Guidelines]], Justice Breyer voted for preserving rather than invalidating them.
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== References ==
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<references/>
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{{DEFAULTSORT: Breyer, Stephen}}
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[[category:United States Supreme Court Justices]]
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Revision as of 14:07, January 24, 2010

Page Corrected by Anon. Anon is legion. Anon does not forgive. Anon does not forget.