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The Authority of the Court and the Peril of Politics Hardcover – September 14, 2021

by Stephen Breyer (Author)
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A sitting justice reflects upon the authority of the Supreme Court―how that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it.

A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than “politicians in robes”―their ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions.

Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the Court’s history, he suggests that the judiciary’s hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, “no influence over either the sword or the purse,” the Court earned its authority by making decisions that have, over time, increased the public’s trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity.

Breyer warns that political intervention could itself further erode public trust. Without the public’s trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.

Previous page
  1. Print length
    128 pages
  2. Language
    English
  3. Publisher
    Harvard University Press
  4. Publication date
    September 14, 2021
  5. Dimensions
    4.5 x 0.75 x 6.5 inches
  6. ISBN-10
    0674269365
  7. ISBN-13
    978-0674269361
  8. See all details
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Book jacket for Authority of the Court and the Peril of Politics with Wall Street Journal quote

Editorial Reviews

Review

“Breyer…has thought deeply about judicial power, the rule of law, and the role of the judiciary in the American polity…His voice is a powerful one, and the brevity of this book, together with its readability, should ensure its lasting influence…An important document on American civics.”―Bryan A. Garner, Wall Street Journal

“Seeks to provide a historical backdrop to current public discussions about reforming the court…[Breyer] warns that these politically polarized times threaten public confidence in the high court.”―Joan Biskupic, Washington Post

“Supreme Court Justice Breyer offers a selected history of court cases, a defense of judicial impartiality, and recommendations for promoting the public’s respect for and acceptance of the role of the judiciary in the future…A cogent overview of the court’s crucial role.”―Kirkus Reviews

“A concise plea for greater understanding of the judiciary.”―Claude Marx, FTCWatch

About the Author

Stephen Breyer was an Associate Justice of the Supreme Court of the United States from 1994 to 2022. He is now Byrne Professor of Administrative Law and Process at Harvard Law School.

Product details

  • Publisher ‏ : ‎ Harvard University Press (September 14, 2021)
  • Language ‏ : ‎ English
  • Hardcover ‏ : ‎ 128 pages
  • ISBN-10 ‏ : ‎ 0674269365
  • ISBN-13 ‏ : ‎ 978-0674269361
  • Item Weight ‏ : ‎ 5.6 ounces
  • Dimensions ‏ : ‎ 4.5 x 0.75 x 6.5 inches
  • Customer Reviews:

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Stephen Breyer

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Top reviews from the United States

DOColt
5.0 out of 5 stars Clarity On The Court
Reviewed in the United States on October 18, 2021
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So happy to read this wonderful, simple, factual book by Justice Stephen Breyer! As stated in the Author's Note, he wrote the book based on his 2021 Scalia Lecture given at Harvard Law School. The text is full of primary source, historical information explaining the origins, travails, paths and purpose of the Supreme Court....one of three legs our government stands on! The last administration was trying for me personally so this little blessing brings knowledgeable comfort that we have survived worse and given me hope for the current Supreme Court Justices. I hope they read THE AUTHORITY OF THE COURT AND THE PERILS OF POLITICS.
3 people found this helpful
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Christian Schlect
5.0 out of 5 stars The High Court
Reviewed in the United States on September 14, 2021
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A short book, deep with thought. Justice Breyer writes clearly about the value of the Supreme Court in our democracy and the role of the nine justices in deciding difficult cases.

You need not be an attorney or constitutional expert to read and understand what is said here. The book is written for any person interested in our country's democratic system of governance.

All who would tinker with the court's structure for temporary political gain should read this book. If they were to do so, I think they would move on to other and more productive efforts.
18 people found this helpful
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Ronald H. Clark
4.0 out of 5 stars A great opportunity unrealized
Reviewed in the United States on September 16, 2021
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I have previously reviewed three books by Justice Breyer on Amazon. I found all three to be serious discussions of important public issues, supported by extensive research, and skillfully focusing on all pertinent issues. Unfortunately, none of this masterful writing is evident in this recent book on the Court. The book suffers from two principal defects in my opinion. Here we sit with great controversy growing about the Court and whether it has run off the rails. Justice Barrett in a recent speech expressed her concern that people saw the Justices as a bunch of "political hacks." Already underway is a presidential commission charged with reviewing methods to reform the Court and reporting to the President. Yet here is an author with unique credentials to discuss any or all of these options who barely mentions one. He does make it clear that the Court's power to persuade is dependent on public trust, and too much tampering would undermine the public's trust in the Court. So do nothing?

I would have been overjoyed if Breyer had discussed the only proposal I consider viable, as contrasted with enlarging the Court, imposing term limits, and instituting super majority requirements. The framers wisely vested in Congress the power to define the Court's appellate jurisdiction. During the Civil War when the Taney Court appeared to be on the verge on handing down a damaging decision, Congress stripped the pertinent element of jurisdiction until the War was over. This device requires no constitutional amendment and can be reversed by another act of Congress. It merely keeps the Court out of dangerous areas until things calm down. What does Breyer think about this?--we will never know from reading this book.

The second problem with the book is that Breyer seems to be looking at the Court's recent decisions through extremely thick "rose colored glasses." He wants to convince us that a Court driven by Justices such as Thomas, Alito, Kavanaugh, Gorsuch, and even Barrett should be of no concern as it trashes stare decisis and reaches out to grab the most controversial cases to decide. Breyer talks of "minimalism," compromise, and swallowing dissent as steps the Justices can take. Those meek correctives will not solve the problem; the Court has to be replaced on the right track, and withholding jurisdiction is the most expeditious and least harmful method to accomplish this.

Incidentally, I do agree with the Justice that any decision to retire should be exclusively within his discretion and when he, and he alone, feels the time is right. He has well explained his reasoning in numerous interviews and newspaper articles. I only wish he had done the same in this book.
38 people found this helpful
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citizen one of millions
5.0 out of 5 stars Anarchy won't be fun.
Reviewed in the United States on October 16, 2021
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I do recommend this for all citizens, and most importantly, those who value our history. Justice Breuer lays out his suggestions in a orderly manner and offers examples of how the Supreme Court works. Most of us assume we understand how the Supreme Court works. We are often are wrong typically we agree with a judgement if their judgment agrees with what we already believe and disagree if they don't agree with us. We have to learn to agree that it is okay to disagree. These judges have much more experience with the law than I do. I prefer to live in a society that has laws. I prefer laws that are discussed, argued and adjudicated by these experienced and educated citizens. I do not want to live in a country that has no respect and trust in our laws. Anarchy is not a way to manage a government. Anarchy won't be fun.
2 people found this helpful
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Ronald M. Johnson
5.0 out of 5 stars The authority of a few good men and women
Reviewed in the United States on November 9, 2021
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I am an originalist attorney who disagrees with Justice Breyer a good bit, but this is a wonderful overview of a critically important process by which we keep our democratic-republic together. As Lincoln said, our Declaration and Constitution are merely a proposition that people can rule themselves, and propositions are not sure things, but rather an assertion requires proof, which we must supply every day in how we lead our lives.
One person found this helpful
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Anon
3.0 out of 5 stars Swan Song by Justice Breyer
Reviewed in the United States on July 9, 2022
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I thought it was his farewell swan song and warning. I was right. I bought it before the Roe vs Wade decision to see what the temperature of the court was. He is/was a thoughtful, dedicated man.
3 people found this helpful
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Amazon Customer
5.0 out of 5 stars Required Reading
Reviewed in the United States on December 22, 2021
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Should be read by all citizens and those seeking to become one. I am old but surprised to learn that most young people today are given no training in American government in school. It was required in my day. The author notes in his concluding paragraphs that 3 out of 4 Americans are unable to name our three branches of government. Can this possibly be true? Could this explain why our society today is so dysfunctional? A democratic form of government requires an enlightened electorate. We, my friends, are in trouble.
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Gene Lazo
4.0 out of 5 stars Optimism
Reviewed in the United States on July 24, 2023
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Justice Bryer believes the US Supreme Court can find its way and support freedoms for all Americans.
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Amazon Customer
5.0 out of 5 stars How the superior court works
Reviewed in Canada on February 13, 2022
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This book is written is a simplistic way for the masses to understand how the superior court is supposed to work and why.
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Joao Carlos Souto
5.0 out of 5 stars Reflexão sobre a relevância da Constituição e da Suprema Corte
Reviewed in Brazil on January 26, 2022
Verified Purchase
Indicado por Bill Clinton para a Suprema Corte dos Estados Unidos, o “san franciscano” é um juiz de voz doce, posições firmes e foi antagonista de Antonin Scalia, em votos e debates. Graduou-se em Direito na Harvard Law School e estudou também no Magdalen College, Oxford.

Minha biblioteca em casa acolhe três obras de sua autoria.

Essa intitulada “The Authority of the Court and the Peril of Politcs” realça a importância da Corte e alguns de seus grandes momentos, como a decisão em Brown v. Board of Education (1954), caso que estabeleceu o fim, do ponto de vista jurídico, da segregação racial nos Estados Unidos e que ele comenta na p. 16, reproduzida acima.

Sobre o caso Bush v. Gore, que decidiu a eleição presidencial do ano 2000, Breyer registra seu voto contrário, sua discordância da maioria (5 x 4) mas realça a autoridade da Corte e o respeito ao resultado, inclusive pelo maior interessado, Al Gore.

Esse livro “The Authority of the Court and the Peril of Politcs” foi escrito em um momento crucial, de profunda divisão política da sociedade norte-americana. Vem em bom momento para que sirva de reflexão especialmente no que diz respeito à preservar a Suprmea Corte dos Estados Unidos, instituição de mais de dois séculos de funcionamento ininterrupto, dos "perigos da política".

Recomendo fortemente a leitura.
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Joao Carlos Souto
5.0 out of 5 stars Reflexão sobre a relevância da Constituição e da Suprema Corte
Reviewed in Brazil on January 26, 2022
Indicado por Bill Clinton para a Suprema Corte dos Estados Unidos, o “san franciscano” é um juiz de voz doce, posições firmes e foi antagonista de Antonin Scalia, em votos e debates. Graduou-se em Direito na Harvard Law School e estudou também no Magdalen College, Oxford.

Minha biblioteca em casa acolhe três obras de sua autoria.

Essa intitulada “The Authority of the Court and the Peril of Politcs” realça a importância da Corte e alguns de seus grandes momentos, como a decisão em Brown v. Board of Education (1954), caso que estabeleceu o fim, do ponto de vista jurídico, da segregação racial nos Estados Unidos e que ele comenta na p. 16, reproduzida acima.

Sobre o caso Bush v. Gore, que decidiu a eleição presidencial do ano 2000, Breyer registra seu voto contrário, sua discordância da maioria (5 x 4) mas realça a autoridade da Corte e o respeito ao resultado, inclusive pelo maior interessado, Al Gore.

Esse livro “The Authority of the Court and the Peril of Politcs” foi escrito em um momento crucial, de profunda divisão política da sociedade norte-americana. Vem em bom momento para que sirva de reflexão especialmente no que diz respeito à preservar a Suprmea Corte dos Estados Unidos, instituição de mais de dois séculos de funcionamento ininterrupto, dos "perigos da política".

Recomendo fortemente a leitura.
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