Rappaport on Breyer’s New Book: “Breyer’s first book was enough for me; I am not going to spend the time reading his second one.”

April 3rd, 2012

That is about my reaction too, but nonetheless I read it.

Breyer is an opponent of originalism who defends an activist Supreme Court but claims to be in favor of judicial restraint.  It is maddening.  In the earlier book, Breyer did not say a word about Roe v. Wade or abortion, even though he authored one of the Court’s most aggressive decisions in this area and one might think it was inconsistent with his general approach.  In his most recent book, Russello notes that Breyer again “is silent on how a judge would rule” on that issue.

Striking down laws is fine in context of abortion or detainee rights, but not laws banning guns or mandating health care.