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March 2, 2022

This week, we finish our read of Justice Stephen Breyer’s monograph Active Liberty; you are also asked to view a talk he gave last year at the Edward M. Kennedy Institute for the United States Senate

General Questions

This week, we finish our read of Justice Stephen Breyer’s monograph Active Liberty; you are also asked to view a talk he gave last year at the Edward M. Kennedy Institute for the United States Senate.

For the DB this week, please continue to scrutinize Breyer’s beliefs about how to approach judging, and the role of the Supreme Court:

1. What aspects of his judicial philosophy are the strongest? Which are weaker, in your view? Why?

2. How does Breyer’s philosophy compare to your own beliefs about how the Supreme Court should approach its role and interpret the law?

Sources:

Book:

Breyer, Stephen (2005). Active Liberty: Interpreting Our Democratic Constitution.

Video:

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