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February 22, 2022

The Liberal Judicial View

Order Instructions

This week, we begin our read of Supreme Court Justice Stephen Breyer’s book Active Liberty. You are also asked to read another New Yorker piece on the Supreme Court — this time about the life, background, and political philosophy of Justice Amy Coney Barrett. (We will discuss both at our weekly discussion section.)

For the DB this week, please respond to the following questions:

1. What do you make of the opening arguments of Justice Breyer’s book? Do you see the U.S. Constitution as compatible with the idea of “active liberty,” as he argues? Why or why not?

2. Please offer your thoughts and reactions to Margaret Talbot’s article about Justice Amy Coney Barrett in The New Yorker.

Article:

https://www.newyorker.com/magazine/2022/02/14/amy-coney-barretts-long-game

Book:

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

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