TRIBUTE TO JUSTICE BREYER
on Jan 27, 2022
at 2:17 pm
Justice Breyer pronounces an opinion from the bench in 2014. (Artwork Lien)
This text is a part of a collection of tributes on the profession of Justice Stephen Breyer.
Decide Vince Chhabria is a federal district decide within the Northern District of California. He clerked for Breyer throughout the 2001-02 time period.
I clerked for Justice Breyer 20 years in the past, within the time period following Bush v. Gore. Earlier than arriving, I anticipated to see a number of division and distrust. However there was no proof of that with Justice Breyer. From Justice Clarence Thomas to Justice John Paul Stevens and everybody in between, his colleagues had been clearly keen on him, revered him tremendously, and wished to listen to what he needed to say. They knew he cared deeply concerning the courtroom and the nation, and that he was probably the most sincere of brokers. He appeared like a significant a part of the glue that held that establishment collectively, and his presence mattered for the circumstances. It’s frequent data in Supreme Courtroom circles that each one this stays true right now. No one ought to assume it’s a no brainer that he should be retiring now or that he ought to have performed so earlier.
However now that he’s introduced his choice, hopefully we are able to concentrate on the contributions of one in all our nation’s biggest public servants. Some individuals on SCOTUSblog will in all probability talk about particular opinions. Others might clarify that sure, he’s pragmatic, however that doesn’t imply he’s dispassionate concerning the circumstances or would compromise his beliefs. Some will reward his transparency at oral argument, whereas little doubt poking enjoyable at his goofy hypotheticals. (They could additionally observe that, hypotheticals however, when he will get right down to writing opinions, he at all times focuses on ensuring his place may be understood by everybody, not simply subtle attorneys.) Folks will discuss his relentless optimism. And plenty of will emphasize his unwavering insistence that the regulation should work for atypical People and the general public officers who serve them — that it should take away slightly than erect obstacles for the individuals making an attempt in good religion to unravel society’s issues.
In my view, as a first-generation American, I want to spotlight one thing for which Justice Breyer has obtained much less consideration. This 83-year-old white man has proven an incredible careerlong dedication to range. We see that in his jurisprudence — for instance, his passionate dissent supporting college integration in Dad and mom Concerned in Group Colleges v. Seattle College District No. 1. However he additionally practiced what he preached. Going again to the Nineteen Eighties — lengthy earlier than it was standard to concentrate on range in hiring — Justice Breyer has been dedicated to making sure that folks of all backgrounds come by his chambers. The result’s that whenever you attend one in all his regulation clerk reunions, you see a gaggle of individuals that appears so much like America.
Clearly, Justice Breyer’s dedication to range helped many individuals (together with me) who may not in any other case have clerked on the Supreme Courtroom. However extra importantly, it has conferred an ongoing profit on our nation. I’m fairly positive Justice Breyer would agree that if our democracy is to work for individuals from all walks of life, it wants individuals from all walks of life to take part on the highest ranges. By hiring such a various group of younger attorneys and launching them to a stature that maximized their alternative to contribute to our system, Justice Breyer has helped make that system higher. That’s one in all many contributions that may stay lengthy after he leaves the bench.
I not too long ago sought to spotlight this, with the assistance of Neal Katyal, Ketanji Brown Jackson, and another Breyer clerks, in a hearth chat with the justice for the Nationwide Asian Pacific American Bar Affiliation. In case you’re , a video excerpt of the chat is under. Thanks, Justice Breyer, for all you’ve performed.