Posted in Uncategorized
Oliver Wendell Breyer
Justice Breyer’s dissenting opinions in Brown v. EMA (with his strong deference to the legislatures and eagerness to find reasons to uphold laws limiting First Amendment rights, see here, here, and here) and Sorrell v. IMS Health (with his invocations of the specter of Lochner), as well as his dissents in McDonald and Heller, have convinced me that he is our modern-day Justice Holmes.
Justice Breyer seems to be a strong majoritarian who is most-willing to uphold the state’s attempts to infringe on individual liberty interests.
And I’m sure Justice Breyer would take this as a compliment. Others might not.