Wednesday, September 29, 2010

Justice Breyer’s New Book

Balkinization has several posts on Justice Breyer’s New Book "This is an unusual book for a Supreme Court justice. It is not a memoir or a short book based on lectures. I take this to be Breyer's summa in 15 chapters. As you might expect, there are no insider anecdotes concerning life at the Court. But he doesn't hesitate to discuss recent issues the Court has faced, some where Breyer has dissented (such as gun rights) and others where he has voted with the majority (detainee treatment). This is a book such as a former law professor might write. I believe it is always worth bearing in mind a person's formative experiences and Justice Breyer was an academic for many years at Harvard."

Where Breyer Was Right "United States v. Lopez is familiar to everyone who teaches constitutional law. It leads off the section on the commerce clause in many casebooks and serves as a 'master case' in the sense that it discusses and categorizes many other prior cases. Lopez was remarkable when it was decided, for it was the first time in nearly 60 years that the Supreme Court had struck down a congressional statute on the basis that it was beyond Congress's power to regulate interstate commerce. Justice Breyer wrote the principal dissent and he discusses Lopez in his new book, Making Our Democracy Work."

Then there's this humorous post, The Condensed Supreme Court Justice's Guide to the Court.

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