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A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.

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The Authority of the Court and the Peril of Politics

The Authority of the Court and the Peril of Politics Stephen Breyer Product Details HARDCOVER $19.95 • £17.95 • €18.95 ISBN 9780674269361 Publication Date: 09/14/2021 Trade 128 pages 2 illus. World Add to Cart Educators: Request an Exam Copy ( Learn more) Media Requests: publicity_hup@harvard.edu Related Subjects LAW: Judicial Power LAW: Courts

The Authority of the Court and the Peril of Politics - De Gruyter

Americans increasingly believe the Supreme Court is a political body in disguise. But Justice Stephen Breyer disagrees. Arguing that judges are committed to their oath to do impartial justice, Breyer aims to restore trust in the Court. In the absence of that trust, he warns, the Court will lose its authority, imperiling our constitutional system.

The Authority of the Court and the Peril of Politics on JSTOR

A sitting justice reflects upon the authority of the Supreme Court-how that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political.

William & Mary Law Review Online

STEPHEN BREYER, THE AUTHORITY OF THE COURT AND THE PERIL OF POLITICS, HARVARD UNIVERSITY PRESS, 20211 LOUIS FISHER* In this book of one hundred pages, Justice Breyer explains in the on public support and accep- tance, but later in the book Breyer implies that the Court has authority to deliver the final word on the Constitution.

Transcript: "The Authority of the Court and the Peril of Politics" with ...

MR. IGNATIUS: Welcome to Washington Post Live. I'm David Ignatius, a columnist for The Post. Today it's a rare privilege for us to have as our guest, Supreme Court Justice Stephen Breyer....

Scalia Lecture | Justice Stephen G. Breyer, "The Authority of the Court and the Peril of Politics"

At Harvard Law School's annual Scalia lecture on April 6, 2021, Stephen G. Breyer '64, Associate Justice of the Supreme Court of the United States, warned against alterations to the nation's highest Court that could erode the public's longstanding confidence in the judiciary, instead inviting the American people, and the Court itself ...

The Authority of the Court & the Peril of Politics

In his new book, Supreme Court Justice Stephen Breyer cautioned against attempts to reform the high court. He was in conversation with CNN legal analyst Joan Biskupic. Smithsonian Associates hosted this virtual event at the National Portrait Gallery in Washington, D.C.

The Supreme Court and the Peril of Politics

Join Supreme Court Justice Stephen Breyer as he discusses his recently published book, The Authority of the Court and the Peril of Politics. Following the conversation with Justice Breyer, a panel of experts will respond and debate the central argument in his new text and other challenges facing the nation and the Court. Presented in ...