In an interview with "Axios on HBO," Supreme Court Justice Stephen Breyer urged Americans to re-engage in civics and vote — and not to expect the judiciary to resolve political questions.
- It's more than knowing that "judges are not just shouldn't-be-politicians," he said. "They're very bad politicians. Don't get involved in that. That's not your job."
State of play: Breyer, whom Bill Clinton named to the court in 1994, joined me for a wide-ranging "Axios on HBO" interview at the Supreme Court on Feb. 25, weeks before the coronavirus triggered a national emergency in the U.S. and prompted the court to postpone oral arguments.
- When I asked him whether the rule of law is in trouble today, he responded, "It's always in trouble. It's always touch-and-go. ... The rule of law means a willingness to accept decisions you don't like, and they might be wrong."
- The coronavirus came up just once in our conversation — when I asked if the U.S. legal system is equipped to deal with questions connected to globalization.
- His answer was essentially yes — that while judges look at what's going on in other countries, ultimately cases here depend on U.S. laws, not geopolitics.
- "There are all kinds of things that now have a world basis," but decisions still revolve around "primarily this document, the Constitution."
I asked Breyer what most Americans get wrong about the Supreme Court. He said, "I think the most common perception, which is wrong, in my opinion, is they think that we're just junior-league politicians and they think that all these cases are decided on political grounds."...
- "We won't always