justice breyer has always been remarkably generous with his time in supporting society projects. in less than two weeks on june 6 at our annual meeting, he will be delivering the society's 41st annual lecture. some background on justice breyer. he was born in san francisco and after stanford, he came east. he has a ba from oxford. earned his law degree at harvard and went on to clerk for justice goldberg. he served with great distinction in the justice department. he served as chief counsel to the senate judiciary committee and served and other similar roles during that time of his career. he has taught at harvard law school at the harvard kennedy school of government, at the college of law in sydney, australia, and the university of rome. in 1980, president carter appointed justice breyer to the united states court of appeals for the first circuit, and he was the chief judge there from 1990-1994. president clinton nominated him as an associate justice of the supreme court to succeed justice blackmun. he took his seat on august 3, 1994. he has also been a prolific writer, not jus

stephen breyer introduces this event. it is about an hour. let me now mention how much we appreciate the fact that justice breyer has agreed to host this evening. we are sincerely grateful to you for that. brief comments about justice breyer can't begin to do justice to him, so i will have to be unjust in light of time constraints that i am subject to. justice breyer has always been remarkably generous with his time in supporting society projects. 6 less than two weeks on june at our annual meeting, he will be delivering the society's 41st annual . some background on justice breyer. he was born in san francisco and after stanford, he came he's. from oxford. aren't his law degree at harvard and went on to clerk for justice goldberg. he served with great distinction in the justice department. counsel tos chief the senate judiciary committee and served and other similar roles during that time of his career. he has taught at harvard law school at the harvard kennedy school of government, at the college of law in sydney, australia, and the univers

breyer: so there we are. to --hat a score month now, marshall to the korean war and you will have the caesar case. very interesting. the court there in the midst of the korean war, jackson and the others, say to president truman, no, you cannot seize the steel mills even though they were told, and truman was told by officer after kevin officer, if you do not seize the mills, there will be people killed as a result. but the court went the other way. what do i think after reading a lot of this and going through the history of it? they told roosevelt he could not do it. roosevelt had gone too far. of course he was dead, so it was easy to tell them. truman was not nearly as popular as roosevelt had been. there you have it. far.had gone too they thought, there has to be a stopping place. there isn't much in the u.s. report. there is some, but there is not much. they chose a stopping place. hasjackson's of taken, it become well known because he categorized the different sources. but the real interest to me as his v

that's covered in your book, justice breyer. thank you. [laughter] >> i had one other question for you and that is really whether this is -- your means are disproportionate to the end. if you want to get inside be -- inside of our cell phones, do we really need to authorize the government to do it? can't most teenagers do it? [laughter] >> well, yes, or your honor, but your wish is fulfilled. the government is currently being run by teenagers. [laughter] [applause] in conclusion -- [laughter] many -- in conclusion, petitioner has come here, or not, in fact, because he's no longer with us to claim that he has standing. he does not have standing. he does not have standing, and he should not be here attempting to suggest that this state in this courtroom in this legal proceeding with this public in attendance is in any way lawless. we're merely meeting the demands of the moment the best that we can, and as i said earlier, we stand in the tradition of some of our greatest presidents who have had to take these steps in times of crisis. thank yo

i just think he and breyer could sort of talk these things out and he ended up assigning breyer the abortion case. and i think adam mentioned earlier i think it's something ruth ginsberg would love to have written but he knew breyer would write one of these very matter of fact opinions no rhetoric. he wouldn't -- lots of data. he would say the evidence shows these regulations really are not justified. the cost is very high the benefit is very low therefore texas loses. that's exactly the kind of opinion that kennedy could agree with. he wouldn't like an opinion that really slammed the texas legislature for sham legislation, for example. >> but let's not overlook the fact that here are two things we knew about kennedy. he had never in his time on the court voted to uphold any affirmative action program. he had voted to uphold 20 abortion restrictions and voted against only one. so this is someone where the predecision data really suggests one set of outcomes and we get a big surprise going the other way. >> and alito in the affirmative action case called him on it and to the extent that there

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justice breyer's wife, dr. joanna breyer is the daughter of a wealthy entitled englishman.o i asked katherine fly, who ran the theater that did gilbert and sullivan's to take some of the songs and make up lyrics that fit justice breyer and his wife. but i think the best party that we had was the one when justice so connor retired. she insisted that she didn't want to have any party. so justice suitor came up with an idea that he thought she couldn't resist. and it was that she could pick any movie that she would like to see and we would watch it in the theater and then we would have an appropriate dinner to go with the movie. well, the movie was "red river" with john wayne and montgomery cliff. it has every politically incorrect thing in it. it's sexist and racist. but we had popcorn, each of us, and then we went to the caucus room in the library and we had south western dinner. >> well, i can -- we -- our tradition on the court is that the least junior justice will welcome the next incoming justice by arranging a welcoming dinner. and so mine was arranged by sam alito. and

anyway, i think he and breyer could talk these things out and he ended up signing breyer, the abortionase and i think adam mentioned earlier, i think it's something rude in spirit would love to have done, little would love to have written but he knew breyer would write one of these very matter-of-fact opinions, no rhetoric . he'd say the evidence shows these regulations really are not justified. the cost is very high, the benefits very low, therefore texas loses. that's exactly the kind of opinion that kennedy grid could agree with. he wouldn't like an opinion that really slammed the texas legislator for sham legislation for example let's not overlook the fact that here are two things we knew about kennedy before these decisions came down: he had never in his time of the court voted to uphold any affirmative action program area he had voted to uphold 20 abortion restrictions and voted against only one so this is someone where the free decision data really suggests one set of outcomes and we get a big surprise going the other way.>> and alito in the affirmative action case called him on

breyers has fresh cream, sugar and milk. breyers. the good vanilla.e from cows not treated with artificial growth hormones. this is so good! ,, >>> here's a look at today's forecast in some cities around the country. >>> white sox pitcher chris sale has a great fastball and it turns out he has a wicked cutter. tee a scissor to a '70s throwback uniform on saturday because they would be uncomfortable in the heat. he didn't want to wear them. chicago fined him $225,000 and suspended him five games. >>> outfielder ken griffey jr. and catcher mike piazza were inducted yesterday at the baseball hall of fame. and finished sixth all-time in griffey was a number one pick and finished sixth all-time in the home runs, and piazza was ignored until the 62nd round of the draft. he was overcome after being honored at the baseball hall of fame. >> the only way i ever thought i would be here with you is if i bought a ticket. >> piazza holds the career record for homers by a catcher. >>> chris froome made sure he was well-hydrated when the tour de france ended with a c

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so justice breyer first. >> with my colleague justice innsbruck, i agree.that is a good opinion that i ever did see besides that, she has cloud because ginsberg j knows what she's talking about [applause]. >> i concur in the judgment apart because i think the state was overtly excessive and we know it's not necessary if we know the goal here is to stop the 1% of people who are terrorists. there is been an alternative plan discussing the public and that would be just to tax the 1% [applause]. i would say the government is not entitled to qualified immunity. is established and because oceana is a mission to makes the law, it must know the law whether it has been announced by any court or not. >> and our dissenter. >> with all due respect of my colleagues, and of course is won't be the first time the supreme court has not agreed with me. [laughter] i don't feel that i am in eight position to decide this case. they each represent clients who have been rewriting history for decades. we see oceana through its predecessors to the truth department and mr. smith. so

justices kagan, breyer, and thomas will vary their lunches. justice kennedy, alito, bring food from home. sometimes i see sam's fare and i think, maybe i should eat dinner with him more often. [laughter] >> as with justice kennedy because both of their spouses are wonderful cooks. some justices like justice stevens, a cheese sandwich on white bread with the crust cut off. virtually every day that i sat with him for a year. [laughter] >> and i understand and ruth can tell me because i didn't have the privilege of knowing his wife well. she was a wonderful cook. >> she was a dietician so was a very healthy food provider. there was a time when he was on a diet and he had a grapefruit cut in half. he ate both ends. day after day. justice sotomayor: that was before my time. >> i'd like to get back to martin ginsburg a little bit. justice ginsburg you were talking about the late 19th century and the role of the supreme court wives expected to play but your husband played an extremely important role internally at the court by being such a joyful part

. >> justice breyer not so long ago decided that he needed to introduce his grandchildren to pheasant caught by our colleague and presented the pheasant, cooked it and presented it at home to his grandchildren but explained that they had to be careful because there might be pellets in the game. >> yum. >> and they refused to eat it. so he ate it alone. >> another favorite was -- it's called beef jerky, it was made by sandra day o'connor's brother on the lazy b ranch, the family ranch, and a couple of times she would bring a large supply of beef jerky and distribute it. >> did you try it it's apparently quite spicy. >> it is very spicy. >> i would have loved it. >> and i understand that justice breyer and justice kennedy have brought wine for the court to share. is that -- >> only on very special occasions. but it was the traditional dinner before the state of the union message and one year justice kennedy came with a couple of bottles of opu schs-1m california. >> he has also brought duck from california. >> that was the first time i fell asleep during the state of the union. >>> watc

justice breyer is a long-standing front of the society. he has delivered lectures at the will be today. he is dinners, introduced speakers and we are fortunate that he is giving us this lecture. he truly is a man that needs no introduction and there is not an introduction i could do that would be complete in the time allotted. tummy tuck on some highlights, he graduated with highest honors in stanford. and went to oxford where he received first-class honors with a ba degree in philosophy and economics and politics. he went to harvard law school where he also excel. articles editor of the law review. he then clerked for justice arthur goldberg and bike all caps, is very circumspect about his work. he doesn't knowledge that he contributed to the first draft -- does acknowledge that he contributed to the first draft of the griswold versus connecticut case. it is the case that recognized the right to marital privacy. after cooking for justice goldberg, he worked in the antitrust division of the criminal justice or he taught at harvard. he was

¡breyers tiene crema fresca, azúcar y leche! breyers, la vainilla deliciosa.jaula habÍa mucho movimiento y cuando voy todo estaba lleno de papel roto, y se veÍa como un huracÁn pasÓ y el perro medio sentado con un poco de papel en la boca. >> tengo una amiga que se estaba preparando un sÁndwich que se fue a baÑar y la perrita estaba con un poco de lechuga colgando. >> estÁbamos en la boda de una amiga y cuando regresamos no estaba la parte de arriba. >> fue a tomar unos gatitos el mÁs chulo fue de tocarlo y cuando los otros amigo se escaparon, usaron el chico mÁs que los demÁs se examen. >> te portas bien y cuidas la casa, adiÓs. >> tambiÉn quise ver cÓmo se comportaba mi mascota cuando no estÁbamos en casa y Él feliz es todo un prÍncipe, pero no puedo decir lo mismo de pablo el consentido de ana. >> se ha escapado de la jaula y de la cocina que te cuente bien. >> se sube a la mesa y hace cosas no pongas esa cara que claro que hace cosas es e porta no muy bien. >> dios mÍo , vas a tener que gastarte el suelo en un entrenador. >> bueno, ya lo saben, no se pierd

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once you knew breyer of the author, you knew it would be a proabortion rights decision but i wasn't surewould be so full throated. it not only strikes down two part of a restrictive texas law but it reaffirms a standard that will make it hard for many, many states to pass many kinds of abortion restriction. so it's a very good day for abortion rights activists. >> rose: tell us about the restrictions it placed on abortion in terms of where they could go and what they had to have to get there. >> right, the law did two basic thengz, both of them, the legislators said, were to help women's health, but abortion rights groups said that was a ruse. one required doctors in abortion clinics to have admitting privileges at nearby hospitals which is hard to get and many medical associations say there is no point in that because abortion is a very safe procedure. a second required abortion clinics to meet standards of ambulatory surgical centers, basically turning them into mini-hospitalsing millions. and it would drive the number of clinics in texas-- which, of course, is an enormous state-- down

judge wilkinson: do you agree with justice breyer? chief justice roberts: i wouldn't phrase it just like that. [laughter] i haven't read it. it is on the last. to be honest, i think it is a phony debate. everyone thinks that we ought to the at foreign law to extent that it has some invaluable to teach us. nobody on the court disagrees with that. the issue comes up when you are looking at foreign law to directly informed the interpretation of the constitution, you know, to over simple five the fact that so many clerks have viewed the death penalty as inconsistent. does that tell you how you should interpret the eighth amendment here? that's a more controversial point. what i understand to be justice breyer's basic thesis, and the world is a more interconnected place and we need to keep that in mind and understand more how our legal interpretations fit with a broader body of law, i think that makes sense and i'm looking forward to reading the book. the challenge is you can't just say the world has a view on law. english, nown the the en

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breyers has fresh cream, sugar and milk. breyers. the good vanilla. our milk and cream come from cows not treated with artificial growth hormones. this is so good! first you start with this. then add this. and this face. wait, we can do better. yeah... that's the one. and fresh brewed lipton iced tea. a lipton meal is what you bring to it. and the bright refreshing taste of lipton iced tea. >>> we love to check twitter when we have got a great topic like we do today. breaking news earlier on "mornings on 2". we talked about it on "the 9". kevin durant coming to the golden state warriors. thomas tweets warriors lost the championship but just won the off-season. >> joining the warriors should bring championships for years to come. golden boy 30. it's on now. this team is looking deadly right now. also steve, as we welcome kevin durant, let's take a moment to thank the players who will no longer be with the warriors. of course, they have to let a couple of people go to be able to afford kevin durant. donna said good job doing the weather, mike. kind of o

and perhaps justice breyer, all over it. it is an 11 page opinion the -- that restates everything we already knew about article three standing from other cases. doesn't even apply what it says to the facts of this case. supreme court decisions are supposed to decide things. this has set off a wave where judges have to figure out what this means. the court says the history and judgment of congress play important roles in figuring out whether they are standing order. in garden-variety class actions, you see plaintiff's lawyers making analogies to medieval english common-law and making arguments about whether to defer to congress. it's a good example of what happens when you have a court that is unable to render decisions, and i think it's another example -- there were three take class action cases this term and they all at some level had to deal with the intersection between class actions and article three of the constitution and they all at some level left some pretty big questions under i did and kicked the can down the road

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and justice kennedy.ice breyer j so we want to cover the specifio cases and talk with you about the broader trends in the time for questions in the end. i thought we would start with the litigation director of thehr naacp and legal defense fund who has a number leave the play brought for folio of litigation around the country involving issues not just of race but of many other things and also christine i thought you could start us off talking about affirmative action. >> it's a pleasure to be here and a pleasure to share the stage with my distinguished colleagues. i would love to talk about fischer. as you all know fischer to is the second round in the supreme court and abigail fischer's challenge to the university ofsu texas submission policy. this was obviously a big surprise in terms of the way the court decided this case, especially with justice kennedy writing the majority opinion. i think there is a lot that can be said about this decision but i'd like to talk about it in terms of what it reflects about the arc of justice kennedy's thinking on issues of race because i really t

. >> justice breyer not so long ago decided he needed to introduce his grandchildren to pheasant, caught by our colleague. and presented the pheasant, cooked it and presented it at home to his grandchildren but explained they had to be careful because there might be pellets in the game. >> yum. >> and they refused to eat it. so he ate it alone. >> another favorite was -- it's called beef jerky. it was made by sandra day o'connor's brother on the laze di b ranc-- lazy b ranch, the f ranch, and sometimes bring a large supply of jerky and distribute it. >> did you try it? it's apparently quite spicy. >> it is very spicy. >> i would have loved it. >> and i understand that justice breyer and justice kennedy have brought wine for the court to share, is that? >> only on very special occasions. it was the traditional dinner before the state of the union message. and one year justice kennedy came with a couple of bottles from california. >> he's also brought duck from california. >> that was the first time i fell asleep during the state of the union. [ laughter ] >> watch the entire program on th

justiceed to have stephen breyer as our lecturer. his topic will be thert

i always read my colleagues books. >> do you agree with justice breyer's book? we should use international law all over the place? >> i have not read it. [laughter] to be honest, i think a phony debate. in the things we ought to look at foreign law. it has something bible to teach us. nobody -- valuable to teach us. nobody disagrees with that. the issue comes up when you are looking at foreign law to inform the constitution. iewed theourts have v death penalty as inconsistent. does that show you how you should interpret the amendment? what i understand to be his basic thesis which is that the world is a more interconnected place and we need to keep that in mind and understand a little more about how our legal interpretations fit with the greater body of law. the challenge is that you can't just say the worldview of law because that is different. english, then the , their supreme court legal system is a little iranerent than the law in or iraq. >> i was but it would be hard for lawyers to prepare a case if they not only responsible for domestic and estate and fed

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i met justice breyer when he was an aide to senator kennedy. he and david boys were too young expert administrative law people, and he has gone on to national fame. i don't know if you know, he's extremely smart and admirable and i see them from time to time. >> certainly, when i read, you quoted richard and bailey, the mayor of chicago and i remember the moment on the floor of the convention and 68 for he shakes his fist but what i didn't no, and i can't use the language here, he said supposedly, after you, i didn't know that he did the jewish thing. yes he did. look, he was the boss. that was the name of the biography. he was a very tough ethnic politician and not very welcoming to minorities and as barack obama grows up as a young organizer, but that was politics then and there is a string of america who is quietly racist but now there's many who are openly racist so lee atwater, the really tough nasty operative said we can't say the and word anymore so we have to use other things to talk about state rights and property rights and so on. mos

supreme court justice stephen breyer on civil liberties. justice breyer: many, many years, i think the view of judges here as well as judges abroad were when you have security needs like a war or a real security problem and you look at the document, the document says this power is primarily be president's -- the president's. what about civil liberties? sometimes there is a clash. i believe in cicero. he was not one of the founders. [laughter] justice breyer: but they did know about this a row. >> on road to the white house rewind, the democratic party kennedy, and president nixon receiving the republican nomination. i predict billions of democrats will join us, not deserting their party, but because their party deserted them in los angeles two weeks ago. >> all over the nation, young men are coming to power. men not bound by the traditions of the past. men not lighted by the old fears -- of the past. >> for the complete schedule, go to www.c-span.org. "q&a," sunday night on gene edward smith on his w.tical biography of george b >> one of bu

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breyers has fresh cream, sugar and milk. breyers. the good vanilla. our milk and cream come from cows not treated with artificial growth hormones. this is so good! hi! hey! i've made plans for later in case this date doesn't go well. likewise! but, funny story. on top of that? my mom is my best friend. uh oh. yeah. oop! there's the rescue text from my roommate saying she needs me. the citi double cash card. >>> all right. 8:11 on a friday morning. pouring inside. let's stay inside and do "trending." do you remember this amazing trick shot that jordan spieth we covered it on "trending." jordan hits a golf ball with marshmallow on top of it. goes up in the air. catches it in his mouth. i was on the course with the man that taught spieth that trick. i was on the golf course with the one that taught spieth that it through plywood and then i said, matt, it's time to try the marshmallow trick. here's what happened. yes. >> rewind. i have to hear that laugh again. >> there's another angle. watch out perfect this is. i hit the ball and the marshmallow is righ

anyway i think he and breyer could talk these things out and he ended up assigning breyer the abortion case and i think adam mentioned earlier, i think it's ruth ginsburg would have loved to have written but he knew breyer would write one of these very matter-of-fact opinions, no rhetoric, he'd say the evidence shows these regulations are not justified. the cost is very high and the benefits are low therefore texas loses. that's exactly the kind of opinion that kennedy could agree with. he wouldn't like an opinion that would nearly slam the legislature for sham legislation for example. but let's not overlook the fact that here are two things we knew about kennedy before the decisions came down. he had never, in his time on the court voted to uphold any affirmative action program. he had voted to uphold 20 abortion restrictions and voted against only one. this is someone where the pre-decision data suggests one set of outcomes and we get a big surprise going the other way. >> alito, in the affirmative-action case called him on it and to the extent that there was a surprise, particularly

[applause] >> thank you, justice breyer.year veteran of the stage, film and television. most recently she played both characters in the folgers' latest production of a mid summer night's dream. a native washingtonian, she is on the faculty of the duke elington school of arts. she is a play wright who is committed to telling the story of unsung women in literature. please join me in welcoming caroline clay. [applause] >> good morning and thank you. it is beyond an honor to be here this morning as a native washingtonian and a proud product of the d.c. public school system. my childhood was punctuated with field trips, many of which happened right here in this building, at the folger theater right next door. it was here that i first saw african-american actress franschel stewart dorr. a graduate of the yale school of drama. i saw her play tat ark nia when i was in middle school, a role that i had the honor of playing here just this season. today, in the presence of my students from the duke elington school of the arts, in the p

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