Justice Stephen Breyer on Trump, the Rule of Law, and Whether the Supreme Court is Political

Summary

Retired Supreme Court Justice Stephen Breyer sits with Bloomberg Law's Matthew Schwartz to discuss the public's eroding trust in the judiciary, the Court's recent expansions of presidential power, and the danger of viewing justices as purely political actors, while arguing that reasoned opinions and civic education are critical to sustaining the rule of law.

• Interview with retired Supreme Court Justice Stephen Breyer conducted by Bloomberg Law's Matthew Schwartz.
• Breyer comments on the Supreme Court's 6-3 ruling in Trump v. Slaughter, which expanded presidential removal power over independent agency heads.
• Gallup and Pew polls show US trust in the judiciary near a 50-year low, with a majority viewing decisions as politically motivated.
• Breyer maintains that most cases are decided on legal reasoning, not politics, highlighting that about 40% of rulings are unanimous.
• He acknowledges that the Court is aware of 'the climate of the era' but insists justices aim to follow the law as they understand it.
• The discussion covers the shadow docket, the overturning of Roe v. Wade, and whether the Court’s legitimacy was subverted.
• Breyer likens threats to the rule of law to Camus’s 'plague germ' that never dies, stressing the need for civic education to immunize society.
• Concerns are raised about the possibility of a future executive treating a Supreme Court ruling as optional.