August 23, 2005


Breyer Takes on Conservatives

"Wading into the debate over judicial activism," the Wall Street Journal notes Supreme Court Justice Stephen Breyer "is about to release a book offering a retort to conservatives who would limit constitutional interpretation to what they say it meant in the 1700s."

Active Liberty "contends that judges can undercut the democratic system the Constitution's Framers sought to build if they adhere too literally to legal text and disregard the 'real world' consequences of the decisions they render."

"Such public expounding is rare on the Supreme Court." While Chief Justice William Rehnquist has written several books on legal history, only Justice Antonin Scalia has written a book -- A Matter of Interpretation -- to explain his own judicial philosophy.
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