Justice Stephen G. Breyer at the announcement of his retirement from the Supreme Court at the White House on Jan. 27, 2022. Retired Supreme Court justice Stephen G.
“I do not say ‘never’ look to history. Often it is a useful tool,” Breyer writes. “But to tell judges they must rely exclusively upon history imposes upon them a task that they cannot accomplish.” In the book, Breyer examines in detail two major Supreme Court cases from 2022 — his last term on the bench — that he argues were wrongly decided because the majority used a textualist approach to interpret the Constitution, to the detriment of an already politically divided nation:which determined that law-abiding Americans have a right to carry a handgun outside the home for self-defense.
In his book, Breyer further argues that a pragmatic approach to interpreting the Constitution as a “workable” document is required to “hold together a diverse population for hundreds of years,” citing the court’s decision in“How can a jurisprudential philosophy grounded in that Constitution ignore these practical realities and the deadly consequences of striking down the efforts of democratically elected bodies to address those realities?” Breyer writes. “I do not think it can.
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