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By Mae Slater on
 April 22, 2024

Ex-Justice Breyer Discusses Supreme Court's Insulation From Public Opinion

Stephen Breyer, a former U.S. Supreme Court Justice, recently spoke on how justices remain steadfast in their legal reasoning despite prevailing public sentiments.

The Washington Examiner reported that in a recent interview, Stephen Breyer discussed the Supreme Court's approach to public opinion, asserting justices' decisions are rarely influenced by it.

Appearing on the television show "This Week," Breyer explored the complex relationship between court decisions and public perception. He addressed concerns about the politicization of the court, particularly in light of recent controversial decisions.

Breyer Reflects On Judicial Independence

During the interview, Breyer highlighted the importance of judicial independence, quoting Constitutional law professor Paul Freund. He emphasized that while justices are aware of public opinions, these do not typically sway their judicial mandates.

Breyer's commentary comes at a time when the Supreme Court faces increasing scrutiny. The court has been at the center of significant public debate following landmark rulings that have spurred nationwide protests.

"No judge should or will be moved by the temperature of the day," Breyer remarked, underlining the steadfast nature of judicial decision-making.

Recent Supreme Court Decisions Under Scrutiny

Since Breyer's retirement, the Supreme Court has issued rulings that have ignited public uproar. Notably, decisions overturning Roe v. Wade and rejecting affirmative action have intensified discussions on the court's insulation from public influence.

Further adding to the contentious atmosphere, the Supreme Court recently ruled against states that sought to bar former President Donald Trump from the ballot in the upcoming elections. This decision has fueled ongoing debates about the impartiality and independence of the court.

"Does that lead to your deciding X rather than not X? Well I can never say never, but rarely," Breyer elaborated on how seldom public opinion sways judicial outcomes.

Upcoming Challenges for the Supreme Court

Looking ahead, the Supreme Court is set to confront more contentious issues. A notable upcoming case involves Donald Trump's claim of presidential immunity in the face of 88 felony charges.

These charges and the associated legal proceedings highlight the complex intersection of law, politics, and public opinion facing the court today.

During his presidency, Trump appointed three justices to the Supreme Court, marking a significant impact on the court's composition and potentially its future rulings.

Reflecting on the Role of Public Opinion in Judicial Decisions

Breyer's insights during the interview provide a crucial understanding of how justices contend with the pressures of public opinion. He stresses the importance of a judiciary that is conscious but not governed by the prevailing winds of public sentiment.

This nuanced view offers a window into the operational ethos of one of the highest courts in the land.

As the Supreme Court continues to tackle cases with far-reaching implications, the integrity and independence of its justices remain under the microscope.

Conclusion: A Summary of Key Points

In conclusion, Stephen Breyer's recent comments underscore the Supreme Court's commitment to maintaining judicial independence despite the turbulent climate of public opinion. His discussion highlights the court's recent controversial rulings, its upcoming challenges, and the ongoing scrutiny it faces. The insights from a former justice help illuminate the complex dynamics at play within the highest court in the United States.

Written By:
Mae Slater

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