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Advisory Opinions

Justice Stephen Breyer: Law Is Not a Science

Advisory Opinions

The Dispatch

News, Government, Politics

4.7 • 4K Ratings

🗓️ 25 June 2024

⏱️ 81 minutes

🧾️ Download transcript

Summary

In a special live recording from San Francisco in late May, Sarah interviewed former Supreme Court Justice Stephen Breyer about his judicial philosophy, the future of the court, and accepting dissent in America. The Agenda: — How snails explain the Supreme Court — To recuse or to not recuse? — The Court’s public approval and its response to public approval — Rule of law — Unenumerated rights — Humor in the Court — Audience questions Show Notes: — Stephen Breyer’s Reading the Constitution — The Education of Henry Adams — Edith Wharton’s The Age of Innocence — Willa Cather’s The Professor’s House — Mahanoy Area School District v. B.L.: The “Angry cheerleader” SCOTUS case — Brown v. Board of Education & The Little Rock School Integration Crisis — District of Columbia v. Heller — Poe v. Ullman Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

You ready?

0:02.0

I was born ready. Hello everybody my name is Vince Chabria I'm a federal district judge here in San Francisco and I

0:24.9

clerked for Justice Breyer about 20 years ago. The last time he was on this stage I had the honor of interviewing him and I'm

0:36.7

still exhausted from that. So we decided to go in a different direction this time

0:41.9

and what we remembered is that

0:44.7

Justice Breyer has a long tradition of open-minded discussions with people from

0:50.6

different ideological stripes. He is famous, he and Justice Scalia were famous for their

0:57.2

road show going all around the country debating how best to interpret the Constitution in the interest of educating the

1:04.2

public. On the court as a justice he has long been known perhaps better than anybody

1:10.7

else for his open-mindedness,

1:13.7

for his willingness to listen, and for his efforts

1:16.6

to bring people together and find common ground

1:21.0

between judges who might tend to approach cases differently.

1:25.0

So in that spirit, we have invited Sarah Isger to come interview Justice Breyer.

1:32.0

Sarah... come interview Justice Breyer. Sarah didn't know so many people from San Francisco

1:38.9

liked Sarah Isger. So Sarah is a fixture in the Washington conservative legal establishment and for

1:51.4

present purposes she is the host of the advisory opinions

1:55.8

podcast, which happens to be my favorites,

1:58.5

it's actually my favorite legal podcast.

2:00.8

I don't always agree with Sarah or her co-host David French from the New York Times

2:05.8

but I can always count on factually accurate descriptions of what's going on and objective analysis.

2:16.4

So we should have a really great discussion here and it will be in the great tradition of Justice Breyer.

...

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