Supreme Court Justice Stephen Breyer's potential new role discussed in Congressional Quarterly, with Pratik Shah offering insights on the matter
The Supreme Court's current term is set to be marked by a new composition of justices, following the departure of Justice Anthony Kennedy. However, the balance of power has been shifting towards a ground that Justice Stephen Breyer has occupied for a long time, according to Pratik Shah, co-head of Gump's Supreme Court and appellate practice.
Last year, in a 5-3 decision, Justice Breyer wrote the notable opinion to strike down Texas abortion restrictions. This decision was significant, as it was assigned to him by Justice Kennedy, a move that suggests Kennedy had confidence in the opinion's content.
Justice Kennedy usually writes the opinion himself when he is the deciding vote, but in the Texas abortion case, he assigned the task to Justice Breyer. This assignment is indicative of Kennedy's belief that the opinion was something he could join, and it was not considered too sweeping or not the right tone or content by Kennedy.
Justice Breyer's pragmatic approach puts him closer to the court's ideological center than other liberal justices. His authorship of the Texas abortion case opinion underscores this fact. Kennedy joined the three justices on the court's liberal wing in the case, demonstrating his alignment with Breyer's pragmatic approach.
It is worth noting that Justice Kennedy remained a key vote on the Supreme Court, joining the majority for 98% of the cases last term. Despite his departure, his influence may continue to be felt, as Pratik Shah expects Justice Breyer's influence to continue into the current term.
The Supreme Court has delayed scheduling oral arguments on cases that might result in 4-4 ties, which could indicate a shift in the court's ideological balance. With significant cases such as the legality of Trump's tariffs on the horizon, the court's decisions in the coming months will be closely watched.
In situations like these, the pragmatic approach of Justice Breyer may prove to be crucial in shaping the court's decisions and upholding the principles of justice and fairness that the Supreme Court stands for.
Read also:
- Lu Shiow-yen's Challenging Position as Chair of the Chinese Nationalist Party (KMT) Under Scrutiny in Donovan's Analysis
- Contest Between Palmer and Frohnmaier: Expert Predicts No Clear Winner and a Flawed Structure
- Berlin's Roma-Sinti communities asserting their presence in German theatrical arenas
- "The concept of 'corporate feudalism' is not viable"
