Tuesday, September 14, 2010

Video: Justice Breyer Interviewed on ABC and NBC

During the past 24 hours, ABC and NBC ran interviews with Justice Stephen Breyer about his new book, Making Our Democracy Work: A Judge's View.

ABC Interview with George Stephanopoulos, here (7:12)
  • Breyer will attend the State of the Union, even if he is the only one.  The speech shows a visual image of the different branches of government and judges should be included.
  • Bush v. Gore was a self-inflicted wound.
  • First Amendment debate is protected, but, per Justice Holmes, one cannot shout fire in a crowded theater.  What is the crowded theater today?  The context of the question related to the globalization of communication via the Internet, including the Koran-burning controversy. 
NBC Interview with Brian Williams, here (4:08 summary; other portions of interview available from same link)
  • Breyer is not concerned that only 1% of Americans know his name.  He is concerned if people do not know about the three branches of government.
  • When asked whether the President should appoint some justices from state schools, Breyer saw no problem with that.  But he remarked that it is like asking the chicken about the recipe for Chicken a la King.  He does not do the appointing.
  • As in the other interview, Breyer was asked about Bush v. Gorein this one, whether it hurt the Court's credibility (yes).  But, as also mentioned in the other interview, even when a decision is wrong, our system is preferable to anarchy and violence.