The Lessons of Consensus Building in the Jurisprudence of Stephen Breyer

Pragmatic liberal technocrat—sounds exciting, right? If you’re not exactly squirming in your seat to read more, I understand. After all, technicians don’t excite a crowd in the same way as ideologues. The more provocative philosophies on the Supreme Court—the “insistence on original intent as the only legitimate source of constitutional authority” present in Justice Antonin Scalia’s jurisprudence and the focus on America’s “evolving notions of opportunity and equality” underlining the jurisprudence of Justice Ruth Bader Ginsburg—attract admirers and enthusiastic supporters from their respective ideological corners because of their passion, intellectual…