First published 2024
Stephen Breyer takes direct aim at the textualist philosophy that now controls the Supreme Court. The recently retired Justice argues that reading the Constitution strictly according to its original language and historical meaning produces harmful outcomes. Breyer champions a different approach rooted in Chief Justice John Marshall's vision of the Constitution as flexible principles that each generation must interpret anew. He contends that judges should focus on the purposes behind laws and consider the real world consequences of their rulings. Breyer supports his case by analyzing landmark decisions throughout American history, including recent controversial rulings like Dobbs and Bruen from 2022, which he believes demonstrate the flaws of textualist thinking. This book offers readers Breyer's alternative framework for constitutional interpretation, one that prioritizes practical results over rigid adherence to historical text.
Genres: political-science, non-fiction, biography-memoir, law, academic, american-history
Vibes: analytical, intimate, thought-provoking
Tropes: critical-analysis, expert-perspective
368 pages · Hardcover · Simon & Schuster