Most Prog/Leftists are actually so stupid, they think we’re so stupid, we’ll accept their BS as fresh cattle feed.
RETIRED JUSTICE STEPHEN BREYER GASLIGHTS BRUEN DECISION
Retired U.S. Supreme Court Justice Stephen G. Breyer wants America to know that today’s high court isn’t pragmatic. For good measure, he declares that he is, especially when it comes to interpretating law.
That’s not just conjecture. That’s laid out in the title to his new 250-page book, “Reading the Constitution: Why I Chose Pragmatism, Not Textualism.” It’s a gaslighting of the U.S. Constitution, an attempt to sway opinion that rights protected by the founding document aren’t applicable today, since society and technology have changed since 1791. Justice Breyer argues that the words written don’t mean what the Founders meant because reading them over 200 years later changes the meaning.
The liberal justice retired under pressure from Democrats to ensure President Joe Biden would appoint at least one younger liberal justice to the Supreme Court. In 2022, Justice Breyer was succeeded by Justice Ketanji Brown Jackson, a former Breyer clerk.
Dueling Jurisprudence
The Washington Post offered a glowing review of Justice Breyer’s book, which rejects the legal doctrines of originalism and textualism that have been the favored approaches by several sitting Supreme Court justices, including Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. That was also the legal philosophy of the late Justice Antonin Scalia. Originalism is the theory that constitutional text should be given the original public meaning at the time in which a law was enacted. Textualism is the legal interpretation that focuses on the plain meaning of a text of laws, emphasizing how the Constitution was understood at the time of ratification in 1788 and the subsequent Bill of Rights’ ratification in 1791.
That contrasts sharply with Justice Breyer’s constitutional pragmatist approach, which instead of focusing on what lawmakers meant with the words they chose to include in the Constitution and laws, considers what is the likely consequence of interpretations. Justice Breyer believes in a “living Constitution” or one that isn’t anchored by words lawmakers chose. Rather those meanings are reapplied by modern interpretations of those meanings. This judicial philosophy is an excuse to allow judges to act like kings (or queens) make law instead of interpreting and apply the law as enacted by the “people’s” elected representatives or the Founding Fathers.