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Supreme Court

Seated in October of l994, Justice Stephen Breyer is the 108 person to serve on the United States Supreme Court. Described as "brilliant, friendly and nice," Breyer graduated from Stanford in l959 with a degree in philosophy.1 He later earned his law degree at Harvard Law School. Since 1967, Justice Breyer has served as either a full-time professor or part-time lecturer at Harvard. His primary interest is administrative law, having an "active interest in economic regulation affecting industry, in antitrust law, and in securities law."2 Before being nominated to the Supreme Court, Breyer served as a judge on the United States Court of Appeals for the First Circuit in Boston

Breyer may be generally considered conservative, but his judicial philosophy is more complicated than the label suggests. He has acquired this evaluation mainly because of his stance on antitrust law and regulation, especially environmental regulation. One commentator considers him anti-consumer and probig business, based on his record as a Circuit Court of Appeals justice where he ruled in favor of corporate defendants in all 19 antitrust cases which came before him.3 It would be more accurate


Ginsburg is also known for her advocacy of a collegial court. She believes dissent is best done sparingly. Justices should make only affirmative statements about their position and address the majority's opinion with respect. Yet she praises the strength of the judiciary in our country for being able to tolerate dissent and decisions that are less than clear. With efficiency in mind, she unsuccessfully proposed shorter per curiam opinions for unanimous panels in the D.C. Circuit. 3

Justice O'Connor does not seem to relish such discussion. She has commented that "gender differences currently cited are surprisingly similar to stereotypes from years past," and that "different voices will teach each other." These beliefs may reflect an older era of feminist thought. Then again, there are many ways of characterizing the Justices - ethnicity, age, religion, politics, gender. All of these factors may influence Justice O'Connor's perspective, but I believe that no single trait is distinguishable.

Scholarly analyses of O'Connor's career are interesting, arguing that female justices have a "difference voice" in opinions, and that her voting record shows "women emphasize connection, subjectivity, and responsibility" while "men emphasize autonomy, objectivity and rights." Suzanna Sherry is one of the main proponents of this case for "feminine jurisprudence," however, empirical studies of O'Connor's positions belie this theory.

Equal Rights Amendment to give judges a clear handle for ruling on these issues. 8

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Approximate Word count = 4693
Approximate Pages = 19 (250 words per page double spaced)


  

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