Retired Justice Breyer speaks at Philadelphia’s Constitution Center
Stephen Breyer says if readers get to the end of his new book, “They'll be able to say, ‘He's asking me… to make up my own mind.’” Retired U.S. Supreme Court Justice Stephen Breyer discussed his new book, "Reading the Constitution: Why I Chose Pragmatism, Not Textualism," at the National Constitution Center in Philadelphia. The book argues that the Constitution should be viewed as a workable set of principles rather than examining it as it was written. Examples of cases such as Dobbs v. Jackson, which led to the Supreme Court decision overturning Roe v. Wade, were cited as examples of textualism.
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Retired U.S. Supreme Court Justice Stephen Breyer discussed his new book at the National Constitution Center on Thursday, offering his views on how the Constitution should be interpreted.
Breyer’s new book, “Reading the Constitution: Why I Chose Pragmatism, Not Textualism,” argues the document should be viewed as a workable set of principles rather than examining it as it was written at the time.
The book uses examples of cases such as Dobbs v. Jackson Women’s Health Organization, which led to the Supreme Court decision that overturned Roe v. Wade.
Breyer, one of the dissenters in Dobbs v. Jackson, said textualism aims to make things clear, and the system makes it difficult for judges to substitute what they interpret the law requires. Breyer asks his imaginary textualist opponent, “Why did you overrule Roe?”