“Legally Speaking” with U.S. Supreme Court Justice Stephen G. Breyer

University of California Hastings College of the Law had the honor of hosting U.S. Supreme Court Justice Stephen G. Breyer on November 16, 2011. Justice Breyer was interviewed before a live law-school audience by UC Hastings Distinguished Professor David L. Faigman as part of “Legally Speaking”—a series of probing interviews with prominent lawyers, judges, and academics, co-produced by UC Hastings and California Lawyer. 

Justice Breyer is the third U.S. Supreme Court Justice to visit UC Hastings as part of the “Legally Speaking” series in the last 13 months. 

Photo by Jim Block

UC Hastings Chancellor and Dean Frank H. Wu thanked the audience for attending and acknowledged the presence of California Supreme Court Chief Justice Tani Cantil-Sakauye.

Dean Wu said, “It is wonderful to see the turnout of so many students, faculty, and graduates who want to be engaged in what a public law school is all about—dialogue about law, public policy, and social change.”   

The topics of discussion revolved mostly around ideas from Justice Breyer’s recent book, Making Our Democracy Work: A Judge's View. Professor Faigman began the conversation by asking why Breyer views it as important to write books for a general audience as a sitting Supreme Court justice.

“We’re all living in a world where people are pretty cynical about government, and they have some cause in some instances,” responded Breyer. “But if they got too cynical, they wouldn’t have a government. Because the democracy depends on their participation. So what can we in government do about that? Not too much. It’s a following article of faith, that if I can explain to people what it is we do, and why we’re there, and how long it’s taken Americans to be willing to do what the courts say—and boy that’s always a dicey proposition—if I can get all that down on paper, then I’ve done my bit to help.” 

The interview went on to touch on a broad range of subjects, from engaged citizenry to originalism and federalism, to pragmatic jurisprudence, civil disobedience, the rule of law, and subsidiarity— the court’s use of international concepts. Cases discussed included Citizens United v. Federal Election Commission, Bush v. Gore, Brown v. Board of Education of Topeka, Korematsu v. United States, United States v. Alfonso Lopez, Jr., United States v. Nixon, and the Guantanamo Bay cases.  

Photo by Jim Block

“Our basic job is applying a document that sets boundaries,” said Breyer, “and boundaries include—within the boundary—a vast area where the people through their elected representatives make their own decisions about what kind of city, state, country to have. But those boundaries at the boundary are sometimes tough to define.”

Asked after the interview how he thought it went, Professor Faigman said: “From where I was sitting, I think it went pretty well!”

This Legally Speaking event was filmed by UCTV, and an announcement will be made when the interview is available for viewing. Past interviews are posted online, at uchastings.edu/legally-speaking.

Related Links

• Legally Speaking: Conversations with the Most Interesting Lawyers in the World
• Professor David L. Faigman, John F. Digardi Distinguished Professor of Law, Director, UCSF/UC Hastings Consortium on Law, Science & Health Policy 
• Justice Breyer urges checking presidential power, by Bob Egelko, San Francisco Chronicle
• Event Pictures on Facebook, Photo Credit: Jim Block. 

About UC Hastings College of the Law

UC Hastings College of the Law was founded in 1878 as the first law department of the University of California. Located in San Francisco's Civic center, steps from City Hall, the State and Federal Buildings, the State Supreme, Superior and Appellate Courts as well as the United States District Court and Court of Appeals, the law school is an integral part of the fabric of the City of San Francisco and the California judicial system. Over the past 133 years, UC Hastings has served as the law school of choice for an ever-increasing diversity of students. Now, UC Hastings alumni span the globe and are among the most respected lawyers, judges, public servants, and business leaders today.