Former Supreme Court Justice Breyer on the dangers of constitutional 'textualism'
Former Supreme Court Justice Breyer on the dangers of constitutional 'textualism'
WASHINGTON, DC - JANUARY 27: U.S. Supreme Court Associate Justice Stephen Breyer holds up a pocket Constitution as he speaks about his coming retirement in the Roosevelt Room of the White House on January 27, 2022 (Photo by Drew Angerer/Getty Images) Drew Angerer/Getty Images hide caption
WASHINGTON, DC - JANUARY 27: U.S. Supreme Court Associate Justice Stephen Breyer holds up a pocket Constitution as he speaks about his coming retirement in the Roosevelt Room of the White House on January 27, 2022 (Photo by Drew Angerer/Getty Images)
Drew Angerer/Getty ImagesThis week on Trump's Trials, host Scott Detrow is joined by retired Supreme Court Justice Stephen Breyer.
In Breyer's new book Reading the Constitution: Why I Chose Pragmatism, Not Textualism, Breyer explains why he finds textualism's popularity troublesome.
Textualism is the legal theory that argues the correct way to interpret the Constitution and statutes is to read the text as it was understood at the time the documents were written. Pragmatism, the legal theory Breyer favors, takes current social and political context into consideration when formulating a legal opinion.
In Breyer's view, textualism can weaken the public's faith in the rule of law and poses risks for the health of nation.
However, Breyer was reluctant to comment on cases pending before the court, like former President Donald Trump's claim he is immune from criminal prosecution because of presidential immunity.
Topics include:
- Pragmatism vs. textualism
- Public opinion of the court
- Trump and immunity
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This episode was produced by Tyler Bartlam and edited by Adam Raney. Our executive producers are Beth Donovan and Sami Yenigun. Eric Marrapodi is NPR's Vice President of News Programming.