Tweet
There are comments from time to time that the rule of law doesn't mean anything in this country, particularly when judges do things we don't agree with. But here is an interesting take on this from Justice Breyer that makes me feel a little swell of pride:
It’s a fascinating thing when you step back and think about it: most edicts, opinions, orders that come not only from the U.S. Supreme Court but courts of all stripes in our nation do not need anything else backing them up to take force. The rule of law is just that strong in the U.S.
Justice Breyer marveled about just that fact during his talk at Yale, and used the famous 2000 case Bush v. Gore as an example of just how strong the rule of law is in this country. Breyer, who voted in the minority in the 5-4 decision, said the court should not have taken the case. But despite that the ruling prompted an outpouring of emotion, both angry and elated, Breyer said there never was a worry there would be mobs in the street or a revolution after the Supreme Court made its ruling.
“That characteristic is a national treasure,” Breyer said.
Breyer recalled the remarks of Senate Majority Leader Harry Reid (D-Nev.) after the high court ruling, that the stability of the country in such a time of stress was an accepted fact.
“We just breathe it like the air. We went along and accepted it,” said Breyer.
During his talk, Breyer said it wasn’t until Brown V. Board of Education in 1954 and President Dwight Eisenhower’s decision in 1957 to send in federal troops to oversee the desegregation of Little Rock High School that the authority of the court on constitutional issues became clearer.
He said the day that 1,000 troops were sent to protect nine teenagers integrating the Arkansas high school was “a fabulous day for law in America."
Justice Breyer marveled about just that fact during his talk at Yale, and used the famous 2000 case Bush v. Gore as an example of just how strong the rule of law is in this country. Breyer, who voted in the minority in the 5-4 decision, said the court should not have taken the case. But despite that the ruling prompted an outpouring of emotion, both angry and elated, Breyer said there never was a worry there would be mobs in the street or a revolution after the Supreme Court made its ruling.
“That characteristic is a national treasure,” Breyer said.
Breyer recalled the remarks of Senate Majority Leader Harry Reid (D-Nev.) after the high court ruling, that the stability of the country in such a time of stress was an accepted fact.
“We just breathe it like the air. We went along and accepted it,” said Breyer.
During his talk, Breyer said it wasn’t until Brown V. Board of Education in 1954 and President Dwight Eisenhower’s decision in 1957 to send in federal troops to oversee the desegregation of Little Rock High School that the authority of the court on constitutional issues became clearer.
He said the day that 1,000 troops were sent to protect nine teenagers integrating the Arkansas high school was “a fabulous day for law in America."