David Lat at AboveTheLaw.com has a hilarious profile of Justice Breyer and the rest of the Court, with respect to tomorrow’s State of the Union.
Justice Stephen G. Breyer: Justice Breyer loves to brag about his time on Capitol Hill (he served as chief counsel to the Senate Judiciary Committee), and he is something of an Article I Groupie. If he had a Facebook profile, he’d list “deferring to Congress” under his “Activities and Interests.” So expect him to appear — in fact, if only one justice out of nine shows up tomorrow night, the one will be SGB.
Defer to Congress–unless the case involves reproductive rights or civil rights. Then scrutinize everything.