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Mar 25, 2024
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as our lawyer at the table, what were your takeaways from justice breyer? >> first, it did not surprise me at all that he would not speak about anything about the supreme court. that say known tradition at the u.s. supreme court. but with respect to his book, which is about the reading of the constitution and the idea of the conservatives that you look at the text and somehow it magically tells you the answers about what the founders intended and the book is there to lay that bare, and it's not just justices like breyer that talks about how not wise it is and how nonsensical it is because there are conflicts within the rights of the constitution. and other republicans have said the same thing, and anthony kennedy, david suitor. i wish that they would speak, too, about the misguided way that the conservatives are reading the constitution in the name of originalism. >> stephen, dobbs is at the center of the argument that he makes and there are real world consequences. >> there is a contextualism and there is an argument to be made for contextualism and if the
as our lawyer at the table, what were your takeaways from justice breyer? >> first, it did not surprise me at all that he would not speak about anything about the supreme court. that say known tradition at the u.s. supreme court. but with respect to his book, which is about the reading of the constitution and the idea of the conservatives that you look at the text and somehow it magically tells you the answers about what the founders intended and the book is there to lay that bare, and...
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Mar 18, 2024
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fill us in. >> yes, so entering, stephen breyer has a new book out. in an interview he was very explicit in criticizing the conservative supreme court majority in taking on the concept of originalism, deciding cases based on what justices believe the text meant at the time it was written. that's a philosophy embraced by many of the court's conservatives. breyer says it leaves no room for judges to consider the practical consequences of the constitutional rules they're writing. he says it doesn't take into account our values as a society evolve over time as we learn from the mistakes of our past. breyer criticized the dobbs decision saying, quote, are they really going to allow women to die on the table because they won't allow an abortion which could save her life? it's one of the many questions raised by what he view as a very flawed decision. >> strong words from a former supreme court justice. thank you very much, ken dilanian. >>> also today, the supreme court's temporary block on a texas immigration law expires at 5:00 p.m. eastern. then what? >>
fill us in. >> yes, so entering, stephen breyer has a new book out. in an interview he was very explicit in criticizing the conservative supreme court majority in taking on the concept of originalism, deciding cases based on what justices believe the text meant at the time it was written. that's a philosophy embraced by many of the court's conservatives. breyer says it leaves no room for judges to consider the practical consequences of the constitutional rules they're writing. he says it...
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Mar 18, 2024
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this is a whole new clarion voice for justice breyer. now, some of the points he's making, he's made before. he's talked a lot about how the court can squander its reputation. he's talked a lot about the need to value precedent and starri zeisis. but what i think you're hearing here is a really pointed critique from someone who's not just worried about originalism and the fact that it's kind of bogus on its own terms. that's the bulk of the book. but i think what he's also worried about is a court that is really sinking in national approval and doesn't seem to care. >> so alexi, in his book he writes in an interview about -- with the "new york times," he focuses heavily on the dobbs decision. quote, justice breyer wrote that the dobbs decision was stunningly naive and saying it was returning to the question of abortion to the political process. the dobbs majority's hope that legislatures and not courts will decide the abortion question will not be realized, he wrote. "the new york times" adding, there are too many questions, he said. are
this is a whole new clarion voice for justice breyer. now, some of the points he's making, he's made before. he's talked a lot about how the court can squander its reputation. he's talked a lot about the need to value precedent and starri zeisis. but what i think you're hearing here is a really pointed critique from someone who's not just worried about originalism and the fact that it's kind of bogus on its own terms. that's the bulk of the book. but i think what he's also worried about is a...
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Mar 18, 2024
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. >>> but first democrats on the offense as stephen breyer former justice -- ey. you wayfair'd your whole bathroom?! even the vanity - when i wayfair, i wayfair ya know? oh i know. this is nice. another wayfair day! you know it. new couch in just two days the wayfair word is out. ♪ wayfair, you've got just what i need ♪ l've always wanted to do that. (ella) fashion moves fast. setting trends is our business. we need to scale with customer demand... in real time. (jen) so we partner with verizon. their solution for us? a private 5g network. (ella) we now get more control of production, efficiencies, and greater agility. (marquis) with a custom private 5g network. our customers get what they want, when they want it. (jen) now we're even smarter and ready for what's next. (vo) achieve enterprise intelligence. it's your vision, it's your verizon. this is patrick's look of pure bliss. and this is his john deere 3 series tractor. it easily connects to every tool he needs, to clear the way, ♪♪ lift heavy loads, ♪♪ and as he puts it, add the strength of 10 ext
. >>> but first democrats on the offense as stephen breyer former justice -- ey. you wayfair'd your whole bathroom?! even the vanity - when i wayfair, i wayfair ya know? oh i know. this is nice. another wayfair day! you know it. new couch in just two days the wayfair word is out. ♪ wayfair, you've got just what i need ♪ l've always wanted to do that. (ella) fashion moves fast. setting trends is our business. we need to scale with customer demand... in real time. (jen) so we partner...
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Mar 31, 2024
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and now stephen breyer joins us now on morning joe. good to have you, sir. >> justice breyer. thank you for being here. tell us why this book is so important at this moment in u.s. history. >> it's important because many americans are discussing the court, some approve it, many do not approve what it has been doing recently then they have reasons as to why they think it's doing what they don't like. one of them is they think it's politics. and i don't think it is. i think it plays a minor role in politics, at least politics as ordinarilily understood. others think they like to do it this way or that way. that is not a good explanation. in 40 years on the bench which i had, 28 on the supreme court, i have gotten more or less used to the basic job, take words in a statute or the constitution, words typically that don't explain themselves and decide how they apply in the case or what they mean. now, i think the thing that has changed over the last decade, the last few years, is a method of deciding that has become very popular. and that is called text few alism. all you do is rea
and now stephen breyer joins us now on morning joe. good to have you, sir. >> justice breyer. thank you for being here. tell us why this book is so important at this moment in u.s. history. >> it's important because many americans are discussing the court, some approve it, many do not approve what it has been doing recently then they have reasons as to why they think it's doing what they don't like. one of them is they think it's politics. and i don't think it is. i think it plays a...
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Mar 30, 2024
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judge breyer software it and said this is a slap lawsuit. and you will have to pay the costs. >> because of what is going on here, your company or nonprofit, it focuses on what you just talked about, evidence and facts. it tracks what is going on in terms of reality. do you feel-spacer you obviously have great counsel with robbie kaplan. doesn't have a chilling effect on other nonprofit organizations similar to yours trying to make sure consumers are aware of the amount of hate speech and hate content on social media platforms? >> let me be clear. the organization i rent not only look at hate speech, we look at self harm content which is vital for america parents to understand. we look at a number of different types of information that can impact human health and human well-being and prosperity. it is really important this work is done. that is how free speech works. we have our opinions based on the facts we painstakingly researched. if we made a mistake, he could have sued us for defamation. it is telling that he did not. he cannot find a
judge breyer software it and said this is a slap lawsuit. and you will have to pay the costs. >> because of what is going on here, your company or nonprofit, it focuses on what you just talked about, evidence and facts. it tracks what is going on in terms of reality. do you feel-spacer you obviously have great counsel with robbie kaplan. doesn't have a chilling effect on other nonprofit organizations similar to yours trying to make sure consumers are aware of the amount of hate speech and...
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Mar 22, 2024
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kristen welker sat down for an interview with retired supreme court justice stephen breyer. he was one of the three on the court who disagreed with the majority opinion. and kristen welker is joining me now. it is a pleasure, thank you for joining us. give us a sense of what you period on this. >> so great to be with you. i sat down with justice breyer in the wake of his new book where he argues for taking a pragmatic approach to the law, considering real world consequences instead of just relying on the text. he argues that that is how for example he approached the deliberations over to western to overturn roe v. wade. and i asked him about the reporting that there had been conversations that were coalescing around a compromise, that would have effectively upheld a part of roe and would have banned abortions after 15 weeks. he chooses his words carefully. take a look. did you think that compromise was possible before the leak around 15 weeks? >> i usually hope for compromise. >> so you were hopeful there could be a compromise. >> you will put words in my mouth. i'm careful
kristen welker sat down for an interview with retired supreme court justice stephen breyer. he was one of the three on the court who disagreed with the majority opinion. and kristen welker is joining me now. it is a pleasure, thank you for joining us. give us a sense of what you period on this. >> so great to be with you. i sat down with justice breyer in the wake of his new book where he argues for taking a pragmatic approach to the law, considering real world consequences instead of...
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Mar 25, 2024
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you've got stephen breyer talking about practicing restraint as a than sitting justice. where is that same level of restraint from someone like clarence thomas? >> great point. before i get to that i need to disagree with my friend chuck. i don't think this is a move of desperation by trump at all. he's leaning into january 6. i don't think it's desperation. i think he knows that most of the country is tired of talking about january 6th. he knows that biden is going to rightly hint to him for attacking our democracy. he's trying to blunt that. he's going to lean into january 6th and lean into the violence because, let's be real, this election is going to be decided by a handful of people in a few states. he knows that. he's going to lean into this. this is not desperation. >> what did you think of clarence thomas not following suit and constraining himself the way stephen breyer did? >> i believe in a conservative court but i don't believe in an activist court. this is an activist court. clarence thomas is not just a conservative, he's an activist. there should be no pla
you've got stephen breyer talking about practicing restraint as a than sitting justice. where is that same level of restraint from someone like clarence thomas? >> great point. before i get to that i need to disagree with my friend chuck. i don't think this is a move of desperation by trump at all. he's leaning into january 6. i don't think it's desperation. i think he knows that most of the country is tired of talking about january 6th. he knows that biden is going to rightly hint to him...
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Mar 25, 2024
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joins us. >> justice breyer, thank you so much for being here. tell us why this book is so important at this moment in u.s. history. >> i think it's important because many americans are discussing the court, some approve it, many do not approve it and they have reasons as to why. one they think it's politics. i don't think it is. i think it plays a very minor role. others think they just like to do that way or this way. 40 years on the bench, 28 on the supreme court, i've gotten more or less used to the basic job is to take words in a statute or the constitution, and decide how they apply in the case or what they mean. now i think the thing that has changed over the last decade over the last few years is a method of deciding that is becoming very popular and that's called textualism is very attractive, just read the words and do what they say and this will be simple, clear and it will stop judges from deciding what they think is good instead of the law, all right, many believe that. i do not. there's another more traditional way of looking at tho
joins us. >> justice breyer, thank you so much for being here. tell us why this book is so important at this moment in u.s. history. >> i think it's important because many americans are discussing the court, some approve it, many do not approve it and they have reasons as to why. one they think it's politics. i don't think it is. i think it plays a very minor role. others think they just like to do that way or this way. 40 years on the bench, 28 on the supreme court, i've gotten...
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Mar 18, 2024
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what do you make of breyer? >> all eyes are on barrett. she has shown herself to be a little bit more flexible, more practical, more moderate than a lot of us expected her to be. she has her eyes on her legacy, and also she's realizing if the court stays true to this hard core version of originalalism where they make up a new standard and rule every time based on their interpretation of the history of 1791, the law will be in total chaos, and barrett, whatever else she is, she is not a chaos agent. she likes order, she likes rules. she likes predictability. i think justice breyer is looking to barrett and saying we can do this the normal way. we can build on precedent. the law can develop slowly and steadily. or we can shatter the law every single term and force the american people to guess what the rules will be tomorrow. you get to choose. you're in the driver's seat. i hope she's listening. >> the beauty of the constitution is a living document that grows and breathes as society does as well. mark joseph stern, i have run out of time, t
what do you make of breyer? >> all eyes are on barrett. she has shown herself to be a little bit more flexible, more practical, more moderate than a lot of us expected her to be. she has her eyes on her legacy, and also she's realizing if the court stays true to this hard core version of originalalism where they make up a new standard and rule every time based on their interpretation of the history of 1791, the law will be in total chaos, and barrett, whatever else she is, she is not a...
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Mar 24, 2024
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i think it was unfortunate. >> so justice breyer retired just after the ruling. does this court still have a measured reputation and if not, what is the danger there? >> i think the courts reputation has really taken a dive, since dobbs and we've seen gallup and other pollsters document that. the courts reputation still has not recovered after the overruling of roe. i think the danger is that if a number of americans question the legitimacy of the court, or the neutrality of the court, that can create a crisis of confidence when the court does need to intervene. if there's a question about the 2024 election, if a lot of americans don't trust that they will handle the question fairly, that could create a crisis for all americans, democrats and independent voters as well as republicans. it's unfortunate that the courts reputation is where it is. >> thank you so much, we look forward to talking with you again about this. my next guest has said we might be seeing a version of an obituary of the trump organization very soon. she will explain. off for all the un-boring
i think it was unfortunate. >> so justice breyer retired just after the ruling. does this court still have a measured reputation and if not, what is the danger there? >> i think the courts reputation has really taken a dive, since dobbs and we've seen gallup and other pollsters document that. the courts reputation still has not recovered after the overruling of roe. i think the danger is that if a number of americans question the legitimacy of the court, or the neutrality of the...
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Mar 22, 2024
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. >>> kristin welker joins us with a look at her exclusive interview with stephen breyer who is retired and what he thinks about the dobbs decision. that's coming up next. the dobb. that's coming up next. ♪♪ (laughing) nice smile, brad. nice! thanks? crest 3d white. 100% more stain removal. crest. power e*trade's easy to-use tools make complex trading less complicated. custom scans help you find new trading opportunities, while an earnings tool helps you plan your trades and stay on top of the market. e*trade from morgan stanley. you always got your mind on the green. not you. you! your business bank account with quickbooks money now earns 5% apy. (♪♪) that's how you business differently. intuit quickbooks. oh no. running low? with chewy, always keep their bowl full. save 35% on your first autoship order. get the food they love. delivered again and again. (♪♪) [thud] the all new godaddy airo helps you get your business online in minutes with the power of ai... ...with a perfect name, a great logo, and a beautiful website. just start with a domain, a few clicks, and you're in
. >>> kristin welker joins us with a look at her exclusive interview with stephen breyer who is retired and what he thinks about the dobbs decision. that's coming up next. the dobb. that's coming up next. ♪♪ (laughing) nice smile, brad. nice! thanks? crest 3d white. 100% more stain removal. crest. power e*trade's easy to-use tools make complex trading less complicated. custom scans help you find new trading opportunities, while an earnings tool helps you plan your trades and stay...
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Mar 24, 2024
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.>> speaking of the supreme court, our colleague, tristan walker had an interview with stephen breyer, they talked about democracy in this moment.>> do you worry that too many people have lost the ability to listen in this country?>> yes.>> what does that potentially mean for the state of this country's democracy? >> look, there's two sides to many things, one says the united states of america, this is in part the united states of america, so we used to think, and i still think that maybe we are not listening as much as we should.>> the one word answer, i can imagine from your perspective was not ideal. i remember when i first came on air and i could see the look on her face, you know the way it works, i ask the question and you give a fulsome answer. it is hard when you are in front of the supreme court justice.>> he is very careful on a question that shouldn't be that complicated. >> to his credit, i do think he is an institutionalist. he is seen of course what is going on in this country, he is seeing what is happening to the supreme court since he left it. but if you are a part of
.>> speaking of the supreme court, our colleague, tristan walker had an interview with stephen breyer, they talked about democracy in this moment.>> do you worry that too many people have lost the ability to listen in this country?>> yes.>> what does that potentially mean for the state of this country's democracy? >> look, there's two sides to many things, one says the united states of america, this is in part the united states of america, so we used to think, and...
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Mar 15, 2024
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stephen breyer, the year after nominated by bill clinton with the paula jones case, he ruled against bill clinton despite all of the politics and the pressure. i remember when the affordable care act was being argued and it was chief justice roberts who cast the deciding vote to save obamacare. handing a huge victory to barack obama before the 2012 election. that's what judges do. by the way, that is what the court of appeals did to judge cannon. it was three republican appointees who reversed judge cannon twice last year in stark language. including a trump appointee. this is the way the federal judiciary is supposed to operate. my deep hope is that it can still happen here. >> this will be a rare moment everybody should record. it should go to the museum of broadcasting. i'm going to not correct the supreme court matter, i will at a footnote to the reference of that justice who recused himself from the nixon case. it was an 8-0 unanimous decision. there was nothing to indicate that if he had not recused himself -- readily, the point of his recusal, it kind of goes to making my poin
stephen breyer, the year after nominated by bill clinton with the paula jones case, he ruled against bill clinton despite all of the politics and the pressure. i remember when the affordable care act was being argued and it was chief justice roberts who cast the deciding vote to save obamacare. handing a huge victory to barack obama before the 2012 election. that's what judges do. by the way, that is what the court of appeals did to judge cannon. it was three republican appointees who reversed...
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Mar 22, 2024
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. >>> in a meet the press exclusive, stephen breyer is sitting down with kristen welker ahead of the release of his new book. she asked him about the decision overturn roe v wade. reports that prior to the leak of the draft decision, discussions were coalescing around a compromise that would have left roe v. wade in place allowing abortion up to 15 weeks. >> did you think that a compromise was possible before the leak, around 15 weeks? >> i usually hope for compromise. mike you are hopeful for compromise? >> i don't want you to put words in my mouth. i am careful what i say on this. our interests are different. i don't want to make news. i have written what i thought. if you think there is news in here or in the dissent, go right ahead. i don't want to say something in addition. it might just be clear, did you think a compromise was possible? >> i always think it is possible. i always think it is possible. usually up until the last minute. >> they spoke about the current 2024 election cases before the court and his reflections on the state of american democracy. you can watch the ent
. >>> in a meet the press exclusive, stephen breyer is sitting down with kristen welker ahead of the release of his new book. she asked him about the decision overturn roe v wade. reports that prior to the leak of the draft decision, discussions were coalescing around a compromise that would have left roe v. wade in place allowing abortion up to 15 weeks. >> did you think that a compromise was possible before the leak, around 15 weeks? >> i usually hope for compromise. mike...
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Mar 25, 2024
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. >>> also ahead, former supreme court justice stephen breyer will be a guest live here in studio. you won't want to miss that. "morning joe" a few moments away. hey! asthma's got you going through it? grab nucala for fewer asthma attacks. nucala is a once-monthly add-on injection for severe eosinophilic asthma. not for sudden breathing problems. allergic reactions can occur. get help right away for swelling of face, mouth, tongue, or trouble breathing. infections that can cause shingles have occurred. don't stop steroids unless told by your doctor. tell your doctor if you have a parasitic infection. may cause headache, injection site reactions, back pain, and fatigue. ask an asthma specialist if nucala is right for you. eggs make all our family moments better. especially when they're eggland's best. taste so fresh and amazing. deliciously superior nutrition, too. for us, it's eggs any style. as long as they're the best. eggland's best. with the freestyle libre 3 system... know your glucose levels no fingersticks needed. all with the world's smallest and thinnest sensor. manage you
. >>> also ahead, former supreme court justice stephen breyer will be a guest live here in studio. you won't want to miss that. "morning joe" a few moments away. hey! asthma's got you going through it? grab nucala for fewer asthma attacks. nucala is a once-monthly add-on injection for severe eosinophilic asthma. not for sudden breathing problems. allergic reactions can occur. get help right away for swelling of face, mouth, tongue, or trouble breathing. infections that can...
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Mar 28, 2024
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moving beyond alvarez, that part of it you have justice kagan with justice breyer, and here i think gets to the crux of where we are, and this is the concurring opinion. it goes through a litany of false statement cases in which the government's position in alvarez is being false in and of itself is enough. that is once you determine it's false, we're done. that's not what the concurrence says, and that's not what the dissent says. the concurrence says basically that these statements cannot be read to mean no protection at all. false factual statements can serve useful human objectives. for example, in social context where they may prevent embarrassment, dada dada, in public context where they may stop panic or even in scientific context where as socrates examination, examination of a false statement can promote a form of thought that ultimately helps realize the truth. and then it goes on and says even a false statement may be deemed to make a valuable contribution to public debate since it brings out the clear perception. so this is the proposition that it's not the falsity alone that
moving beyond alvarez, that part of it you have justice kagan with justice breyer, and here i think gets to the crux of where we are, and this is the concurring opinion. it goes through a litany of false statement cases in which the government's position in alvarez is being false in and of itself is enough. that is once you determine it's false, we're done. that's not what the concurrence says, and that's not what the dissent says. the concurrence says basically that these statements cannot be...
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Mar 13, 2024
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it's hard to imagine they're not going because they don't want to spend time at the green breyer. they're not going as that anonymous member of congress republicans said because they don't want to spend time withy each other because there's so much -- we talk about the dysfunction between and the polarization between the republican and democratic parties, but you look within the republican party. there is so much polarization within that group that these members really don't have very much in common with each other. it might not have helped that the star speaker, larry kudlow, dropped out in the last minute. i don't know if that was partly what it was. but when you have members of congress saying, listen, my big fear is being primaried on the right. not with someone who disagrees with policy, but someone who has to shout and scream. well, shouting and screaming doesn't suit many members of congress. they try to come to washington to get things done. and if you look at any bar chart of the amount of bills being passed last year in congress, it falls off a cliff. it's the lowest num
it's hard to imagine they're not going because they don't want to spend time at the green breyer. they're not going as that anonymous member of congress republicans said because they don't want to spend time withy each other because there's so much -- we talk about the dysfunction between and the polarization between the republican and democratic parties, but you look within the republican party. there is so much polarization within that group that these members really don't have very much in...