Justice Stephen Breyer’s announcement to retire at the end of the Supreme Court’s current term provides occasion to contrast his approach to judging with the very different approach of the court majority he leaves behind, writes John Greabe, law professor and director of the Warren B. Rudman Center, in a commentary published Feb 23 in the New Hampshire Bulletin.
He notes that the contrast is frequently explained in partisan terms: Justice Breyer is a “liberal” whereas the majority is “conservative.” Given the highly politicized nature of the Supreme Court confirmation process, Professor Greabe believes using partisan labels to describe the different approaches to judging is both understandable and fair.
And yet, partisan descriptors can obscure more than they clarify, he says. Link here to read his commentary, which reflects on the difference between Justice Breyer’s philosophy and the court’s majority in jurisprudential rather than partisan terms.
About the Warren B. Rudman Center
The Warren B. Rudman Center for Justice, Leadership & Public Service at the UNH Franklin Pierce School of Law serves as a hub for public discourse on the policies and current events that shape our society. It provides programmatic and financial support for students interested in exploring careers in public service while supporting public programming and academic inquiry that align with its mission. The Center honors former U.S. Senator Warren B. Rudman, also the state’s attorney general, who was widely admired for his integrity and willingness to work with politicians across the aisle to advance the public interest.
