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cover of episode Justice Breyer's ear notch test for our constitution

Justice Breyer's ear notch test for our constitution

2024/4/24
logo of podcast On Point | Podcast

On Point | Podcast

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Textualism, which sees a legal system's original structure as immortal, is the dominating philosophy on the court today. But retired Supreme Court Justice Stephen Breyer argues pragmatism, which considers consequences of legal decisions, is the better mindset.