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Wednesday, November 30, 2022

Breyer, the optimistic justice, shakes off defeats but warns of threats to Supreme Court’s authority

“Recent confirmations have become essentially party-line votes,” Breyer writes. “Senators will often describe a nominee they oppose as too liberal or too conservative, and thus ‘outside the mainstream.’ What senators say, reported by the press to their constituents, reinforces the view that politics, not legal merits, drives Supreme Court decisions.”

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