“This pesky Constitution keeps us from doing whatever we want…..”<\/p>\n
Breyer says Supreme Court risks creating \u2018Constitution that no one wants\u2019<\/a><\/p>\n Former Supreme Court Justice Stephen Breyer said the Supreme Court risks creating a \u201cConstitution that no one wants\u201d if it follows its current way of interpreting law.<\/p>\n In an interview with Politico Magazine published Tuesday, Breyer discussed his view of originalism, a legal theory based on the idea that law should be interpreted according to the writers\u2019 original intent, which is popular among the conservative majority on the court.<\/p>\n Breyer said in the interview that he used to argue with the late fellow Justice Antonin Scalia, a noted originalist, about originalism and told him if the theory is used to interpret the Constitution, \u201cor the statutes, we will have a Constitution that no one wants.\u201d<\/p>\n \u201cBecause the world does change, not necessarily so much in terms of values, but certainly in terms of the facts to which those values are applied,\u201d Breyer continued.<\/p>\n Breyer argued in the Politico Magazine interview that originalism discounts \u201clots of changes designed to further the value of protecting basic civil rights, because the world has changed.\u201d<\/p>\n On Sunday, Breyer also said that he would support age limits for Supreme Court justices and that an age limit would have helped him make his own decision to retire in 2022.<\/p>\n \u201cI don\u2019t think that\u2019s harmful,\u201d Breyer said, talking about age-limited terms on the high court in an NBC \u201cMeet the Press\u201d interview with Kristen Welker on Sunday. \u201cIf you had long terms, for example, they\u2019d have to be long. Why long? Because I don\u2019t think you want someone who\u2019s appointed to the Supreme Court to be thinking about his next job.\u201d<\/p>\n \u201cAnd so, a 20-year term? I don\u2019t know, 18? Long term? Fine. Fine,\u201d he said. \u201cI don\u2019t think that would be harmful. I think it would have helped, in my case. It would have avoided, for me, going through difficult decisions when you retire. What\u2019s the right time? And so, that would be okay.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":" “This pesky Constitution keeps us from doing whatever we want…..” Breyer says Supreme Court risks creating \u2018Constitution that no one wants\u2019 Former Supreme Court Justice Stephen Breyer said the Supreme Court risks creating a \u201cConstitution that no one wants\u201d if it follows its current way of interpreting law. In an interview with Politico Magazine published … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11,9],"tags":[],"class_list":["post-101005","post","type-post","status-publish","format-standard","hentry","category-crap-for-brains","category-enemies-foreign-domestic"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/101005","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=101005"}],"version-history":[{"count":2,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/101005\/revisions"}],"predecessor-version":[{"id":101007,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/101005\/revisions\/101007"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=101005"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=101005"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=101005"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}