The Lawfare Podcast: Justice Stephen Breyer on the Court and the World
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 29 January 2016
⏱️ 92 minutes
🧾️ Download transcript
Summary
Last week at The Brookings Institution, United States Supreme Court Justice Stephen Breyer participated in a discussion with Lawfare’s Benjamin Wittes and Newsweek’s Dahlia Lithwick about his new book, The Court and the World: American Law and the New Global Realities. During their conversation, Justice Breyer provides an overview of how in a globalizing world, the steady operation of American laws depends more on the cooperation of other jurisdictions than at any other time. He also examines how the Court's decisions regarding presidential power in national security have evolved throughout American history, and weighs how the Court can balance national security objectives in an increasingly connected world.
Strobe Talbott, President of the Brookings Institution, introduced Justice Breyer and the panel.
It’s the Lawfare Podcast Episode #155: Justice Stephen Breyer on The Court and the World.
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Transcript
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| 0:00.0 | The following podcast contains advertising. |
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| 0:14.0 | That's patreon.com slash law fair. |
| 0:18.0 | Also, check out LawFair's other podcast offerings, |
| 0:22.0 | rational security, chatter, law fair no bull, and the aftermath. |
| 0:29.0 | Then you look to the Guantanamo cases and the Guantanamo cases, |
| 0:35.0 | say, four cases, four detainees, every one of them wins. |
| 0:39.0 | Congress passes a law saying those detainees are enemy combatants. |
| 0:43.0 | An enemy combatant, nobody didn't know, oh, some denied, but not many, |
| 0:47.0 | can be held in enemy combatant during a time of shooting war |
| 0:53.0 | when you are in the shooting war. |
| 0:56.0 | And those were the detainees at that time. |
| 1:00.0 | What you can hold on. |
| 1:02.0 | The Congress passed a law saying they can't get to court. |
| 1:04.0 | No, that struck down. |
| 1:06.0 | And the key, since they won each of those cases, they weren't popular people. |
| 1:12.0 | Ben Laden's chauffeur is not a popular person in the United States. |
| 1:16.0 | Sandra Conner writes, even in time of war, |
| 1:20.0 | the Constitution does not write to the President a blank check |
| 1:24.0 | to run over civil liberties, traditional civil liberties. |
| 1:27.0 | I signed that. |
... |
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