Title : "Unfortunately Breyer’s book... is not a thoughtful exploration of the virtues and vices of well-meaning deception."
link : "Unfortunately Breyer’s book... is not a thoughtful exploration of the virtues and vices of well-meaning deception."
"Unfortunately Breyer’s book... is not a thoughtful exploration of the virtues and vices of well-meaning deception."
"In his stubborn avowal that the Court... remains an apolitical body, he perpetuates a lie that is anything but noble. I have written much that is entirely positive about his judicial opinions, so it pains me to say that his book reads as though it had been written by someone oddly unaware of the implausibility of its factual claims. Invoking Cicero, Breyer opens by noting that legal obedience, the kind a society needs if it is not to descend into chaos and what Tennyson called the law of 'tooth and claw,' requires either fear of punishment, hope of reward, or belief that the law is just even when it doesn’t deliver what you hope for. The central thesis of his book is that the reason Americans have over time abided by the Supreme Court’s interpretations of the law.... is that they have accepted the view that the justices are not acting 'politically.'... [H]e is content to express his belief that 'jurisprudential differences, not political ones, account for most, perhaps almost all, of judicial disagreements'—even while conceding that 'it is sometimes difficult to separate what counts as a jurisprudential view from what counts as political philosophy, which, in turn, can shape views of policy.' What accounts for these so-called jurisprudential differences? To what degree are they mere window dressing, attached after the fact to conclusions consciously or unconsciously reached on other grounds?"
Writes Laurence Tribe in "Politicians in Robes/Why does Stephen Breyer continue to insist that the Supreme Court is apolitical?" (NYRB).
Thus articles "Unfortunately Breyer’s book... is not a thoughtful exploration of the virtues and vices of well-meaning deception."
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