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Hypothetically Speaking: Justice Breyer’s Dialectical Propensities

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3 Responses

  1. Great post Ron. Another common Breyerism is that he will ask counsel if he is wrong about something, and then jokingly blame his law clerk:
    http://joshblackman.com/blog/2013/01/16/dont-get-thrown-in-justice-breyers-patch-1-tell-me-if-im-wrong/

    http://joshblackman.com/blog/2013/10/08/once-again-breyer-blames-his-law-clerk/

  2. Howard Wasserman says:

    I have reached the point where I skip over any Breyer questions when reading transcripts. They are impossible to get through.

  3. Joe says:

    He’s a bit of a caricature up there, but I respect his efforts, including his two books (especially the second) where he made a commendable effort to clarify his thinking about democracy, significantly in the latter case to non-lawyers. And, especially with the stereotype of a 5/4 Court, at the end of the day, he often is a centrist vote and his hypos show his pragmatic common law mentality.