Monday, December 04, 2006

Breyer Advocates Outcome-Based Jurisprudence

From NewsMax.com:
Justice Stephen G. Breyer says the Supreme Court must promote the political rights of minorities and look beyond the Constitution's text when necessary to ensure that "no one gets too powerful."

Breyer, a Clinton appointee who has brokered many of the high court's 5-4 rulings, spoke in a televised interview that aired one day before justices hear a key case on race in schools. He said judges must consider the practical impact of a decision to ensure democratic participation.

"We're the boundary patrol," Breyer said, reiterating themes in his 2005 book that argue in favor of race preferences in university admissions because they would lead to diverse workplaces and leadership.

"It's a Constitution that protects a democratic system, basic liberties, a rule of law, a degree of equality, a division of powers, state, federal, so that no one gets too powerful," said Breyer, who often votes with a four-member liberal bloc of justices.


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My Comments:
Unelected judicial "philosopher kings" to toss constitutional text to reach outcomes they prefer. So, what else is new?

2 Comments:

At 12/04/2006 1:46 PM, Anonymous Anonymous said...

Justice Stephen G. Breyer says the Supreme Court must promote the political rights of minorities and look beyond the Constitution's text when necessary to ensure that "no one gets too powerful."

And who will prevent unelected, life-tenured judges who are answerable to no one and who define the limits of their own power from getting too powerful?

 
At 12/04/2006 9:42 PM, Blogger Sir Galen of Bristol said...

"...no one gets too powerful"? I think somebody's gotten too powerful.

 

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