Follow @ontheissuesorg

Stephen Breyer on Abortion Supreme Court Justice (nominated by Pres. Clinton 1994)

Apply context & history to original Constitution

Others, like Justice Breyer, insist that sometimes the original understanding can take you only so far--that on the truly big arguments, we have to take context, history, and the practical outcomes of a decision into account.

I have to side with Justice Breyer’s view of the Constitution--that it is not a static but rather a living document and must be read in the context of an ever-changing world.

I see democracy as a conversation to be had. According to this conception, the genius of Madison’s design is not that it provides a fixed blueprint for action. It provides us with a framework and rules, but all its machinery are designed to force us into a conversation.

Roe v. Wade is “settled law”