Stephen Breyer insists politics don't play a role in Supreme Court's decisions

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But, the former justice said, sometimes they consider real-world consequences.

"I've not seen politics in the court, and I've been a judge for 40 years," Breyer told ABC "This Week" co-anchor Jonathan Karl in an interview that aired Sunday. "Not politics in the sense in which I understood that word when I worked for Sen. Kennedy. ... No, that isn't there. That just isn't there."

But the judges' decisions don't match the ideological divides seen in the White House and in Congress, Breyer said. That case thrust the Supreme Court into the middle of a presidential election in a way that it hadn't been for nearly a quarter of a century, since the landmark Bush v. Gore ruling settled the 2000 presidential election.

If the justices side with Trump, that could upend two of the four criminal cases against him, though prosecutors maintain that his alleged criminal acts should fall outside of any immunity.On "This Week," Breyer was firm in his view when Karl questioned whether or not the court wanted to add to the political divide within the country: "No, God of course not. But you're looking for an easy answer when -- I'm not being coy, saying, 'No, there aren't easy answers.

"Who wrote those words and what did they have in mind? What was Congress trying to do? What are the consequences if you go one way rather than another way? How does it fit into a set of values that begins with the Constitution?" Breyer said. "Judges have always done that kind of thing."

 

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