Comments on: Justice Breyer At Alabama http://www.concurringopinions.com/archives/2006/03/justice_breyer.html The Law, the Universe, and Everything Sun, 22 Nov 2009 04:22:46 -0700 http://wordpress.org/?v=2.8.3 hourly 1 By: Simon http://www.concurringopinions.com/archives/2006/03/justice_breyer.html/comment-page-1#comment-60126 Simon Tue, 07 Mar 2006 17:57:05 +0000 http://www.solove.org/archives/2006/03/justice-breyer-at-alabama.html#comment-60126 Hopefully (for those who support the importation of foreign law, at any rate), Justice Breyer was more pursuasive than he was <a href="http://www.joink.com/homes/users/ninoville/au1-13-05.asp" rel="nofollow">here</a>, and sucesfully overcame the overwhelming objections voiced by his colleague <a href="http://www.joink.com/homes/users/ninoville/aei2-21-06.asp" rel="nofollow">here</a>. I somehow doubt that he did (or indeed, could - and Justice Breyer is the finest mind to support the proposition, so if he can't, it hardly portends well for the idea), but I remain open to being pursuaded. Additionally, I continue to object to Gewirtz & Golder's standard for judicial activism, insofar as it is an absurd and inapt metric. See <a href="http://simondodd.org/noise2signal/default.asp?view=singleentry&entry=186" rel="nofollow">Less nebulous than you'd think</a>, 9/23/2005, at pp.2-4. I'm not saying Justice Breyer is the bogeyman; he is a very smart, personable chap, and surely far less liberal than he is sometimes made out. But I'm not sure I agree with your conclusion either, Dan. Hopefully (for those who support the importation of foreign law, at any rate), Justice Breyer was more pursuasive than he was here, and sucesfully overcame the overwhelming objections voiced by his colleague here. I somehow doubt that he did (or indeed, could – and Justice Breyer is the finest mind to support the proposition, so if he can’t, it hardly portends well for the idea), but I remain open to being pursuaded.

Additionally, I continue to object to Gewirtz & Golder’s standard for judicial activism, insofar as it is an absurd and inapt metric. See Less nebulous than you’d think, 9/23/2005, at pp.2-4.

I’m not saying Justice Breyer is the bogeyman; he is a very smart, personable chap, and surely far less liberal than he is sometimes made out. But I’m not sure I agree with your conclusion either, Dan.

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