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Stephen Breyer
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(click a picture above for excerpts or other books and debates by or about Stephen_Breyer)

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Stephen Breyer on Abortion
Click here for 5 full quotes on Abortion OR background on Abortion.
  • Don't require admitting privileges for abortionists. (Feb 2019)
  • Apply context & history to original Constitution. (Oct 2006)
  • Parental notification is lower priority than maternal health. (Jan 2006)
  • Wrote opinion upholding partial-birth abortion. (Oct 2002)
  • Roe v. Wade is “settled law”. (Jan 1998)
Stephen Breyer on Budget & Economy
Click here for the full quote on Budget & Economy OR background on Budget & Economy.
  • Must have well rounded vision to institute change. (Jan 2010)
Stephen Breyer on Civil Rights
Click here for 12 full quotes on Civil Rights OR background on Civil Rights.
  • No job discrimination for transgender status. (Jun 2020)
  • Concurred on no longer deny gays the right to marriage. (Jun 2015)
  • Concurred on allowing federal ObamaCare subsidies. (Jun 2015)
  • Recognize GLBT as a constitutionally-protected class. (Dec 2003)
  • Disabled people can sue states under federal ADA law. (Dec 2000)
  • Disallow all sodomy laws against same-sex activity. (Jun 2003)
  • Anti-gay funeral pickets ok if they follow police directions. (Mar 2011)
  • Women under-represented as managers enough for gender bias. (Jun 2011)
  • State laws can protect gay rights. (May 1996)
  • Hate crimes should allow racial intent to affect sentencing. (Jun 2000)
  • Uphold "Miranda", informing people being arrested of rights. (Jun 2000)
  • Boy Scouts should be required to accept gay scoutmasters. (Jun 2000)
Stephen Breyer on Corporations
Click here for 3 full quotes on Corporations OR background on Corporations.
  • Corporate political spending is not protected free speech. (Jan 2010)
  • Sovereign immunity applies to foreign-controlled companies. (Apr 2003)
  • Ok to sue for corporate direct OR indirect negligence. (Jun 2011)
Stephen Breyer on Crime
Click here for 7 full quotes on Crime OR background on Crime.
  • Government is responsible for abuses in private prisons. (Jul 2009)
  • Live witness not required for all scientific testing. (Jun 2011)
  • Delay executions if asked by International Court of Justice. (Jul 2011)
  • Fleeing police is not in itself sufficient to allow search. (Jan 2000)
  • No death penalty without considering mitigating evidence. (Apr 2000)
  • OK to lengthen prison sentences retroactively. (Mar 2000)
  • Life-sentence alternative should affect death sentence. (Jun 2000)
Stephen Breyer on Drugs
Click here for 4 full quotes on Drugs OR background on Drugs.
  • Medical marijuana advocates should seek FDA reclassification. (Jun 2005)
  • Sentencing rules change allows crack sentence reductions. (Jun 2011)
  • Tactile inspection for drugs should be legal, like visual. (Apr 2000)
  • No roadblocks with drug-sniffing dogs. (Nov 2000)
Stephen Breyer on Education
Click here for 11 full quotes on Education OR background on Education.
  • Schools are limited in regulating student off-campus speech. (Jun 2021)
  • States can fund private schools but not parochial schools. (Jun 2020)
  • Public education needs improvement, and civic lessons. (Apr 2011)
  • Inequality in schools is rooted in institution of slavery. (Mar 2010)
  • Race-based college preference ok only if individualized. (Jun 2003)
  • Federal aid to parochial schools is OK. (Oct 2002)
  • College affirmative action ok to achieve racial diversity. (Jun 1986)
  • Parochial school vouchers violate church-state separation. (Jun 2002)
  • Ok to deny scholarships to divinity students. (Feb 2004)
  • Paying taxes sufficient to oppose religious tax credits. (Apr 2011)
  • Limited public funding OK for parochial school materials. (Jun 2000)
Stephen Breyer on Energy & Oil
Click here for 2 full quotes on Energy & Oil OR background on Energy & Oil.
  • Let courts decide what's secret in Cheney energy task force. (Jun 2004)
  • Clean Air Act displaced federal common law on CO2 emissions. (Jun 2011)
Stephen Breyer on Environment
Click here for 10 full quotes on Environment OR background on Environment.
  • Broad jurisdiction for EPA under Clean Water Act. (Nov 2021)
  • EPA regulations ignores precedent of judicial review. (Sep 2012)
  • EPA, not Congress, determines when cost-benefit applies. (Jul 2009)
  • Look for alternatives to environmental regulations. (Jul 1994)
  • Migratory birds should extend CWA to isolated waters. (Jan 2001)
  • Eminent domain applies to public economic development. (Jun 2005)
  • Clean Water Act applies to tributaries & wetlands. (Jun 2006)
  • States can request that EPA regulate CO2 greenhouse gases. (Apr 2007)
  • OK to sue polluters for past pollution. (Jan 2000)
  • Extend CWA restrictions to isolated water bodies. (Jan 2001)
Stephen Breyer on Families & Children
Click here for 4 full quotes on Families & Children OR background on Families & Children.
  • Overturn DOMA; equal protection for same-sex couples. (Jun 2013)
  • 1st Amendment doesn't apply to vague restrictions. (Jun 2011)
  • Grandparents get no visitation rights unless parents agree. (Jun 2000)
  • Let rape victims sue alleged attackers as gender-bias crime. (May 2000)
Stephen Breyer on Foreign Policy
Click here for 2 full quotes on Foreign Policy OR background on Foreign Policy.
  • Supreme Court can learn from foreign laws. (Sep 2005)
  • Treaty giving individual rights should bind US courts. (Mar 2008)
Stephen Breyer on Free Trade
Click here for background on Free Trade.
    No issue stance yet recorded by OnTheIssues.org.
Stephen Breyer on Government Reform
Click here for 10 full quotes on Government Reform OR background on Government Reform.
  • If people want to change nomination process it will be. (Sep 2021)
  • Trump election challenge didn't meet criteria for Court. (Sep 2021)
  • Open to term limits on the Supreme Court if long enough. (Sep 2021)
  • AZ mail-in restrictions violate Voting Rights Act. (Jul 2021)
  • Allow curbside voting & loosen rules during pandemic. (Jul 2020)
  • Voting Rights Act still needed to prevent discrimination. (Jun 2013)
  • Campaign finance reform should level candidate playing field. (Oct 2002)
  • Votes with liberal bloc against states’ rights. (Dec 2000)
  • Corporate speech can be restricted but not banned. (Jan 2010)
  • Public campaign finance can fund based on opponent spending. (Jun 2011)
Stephen Breyer on Gun Control
Click here for 2 full quotes on Gun Control OR background on Gun Control.
  • Congress can regulate guns in school under Commerce clause. (Jan 1995)
  • No right to loaded guns in crime-ridden cities. (Jun 2008)
Stephen Breyer on Health Care
Click here for 7 full quotes on Health Care OR background on Health Care.
  • Individual mandate is constitutional even with $0 tax. (Jun 2021)
  • ObamaCare's mandate is constitutional under Commerce Clause. (Jun 2012)
  • Broad authority for interstate commerce, like ObamaCare. (May 2010)
  • Allow states to restrict cigarette ads beyond federal rules. (Jun 2001)
  • States have authority to protect patient rights. (Jun 2002)
  • Federal government decides insurance issues, not states. (Jun 2006)
  • Congress did not intend disparate result on generic drugs. (Jun 2011)
Stephen Breyer on Homeland Security
Click here for 3 full quotes on Homeland Security OR background on Homeland Security.
  • All-male military schools like VMI must admit women. (Dec 2003)
  • Congress authorized detaining US citizens as enemy soldiers. (Jun 2004)
  • Guantanamo detainees allowed habeas writ in US courts. (Jun 2004)
Stephen Breyer on Immigration
Click here for 5 full quotes on Immigration OR background on Immigration.
  • DACA protect childhood immigrants from deportation. (Jun 2020)
  • 6-month limit on detaining illegal immigrants. (Jun 2001)
  • No automatic deportation for aliens convicted of crimes. (Jun 2001)
  • INS may not hold deportation suspects indefinitely. (Apr 2003)
  • AZ law intrudes on federal immigration policy & civil rights. (May 2011)
Stephen Breyer on Jobs
Click here for 2 full quotes on Jobs OR background on Jobs.
  • Award back pay to illegal alien fired for union organizing. (Mar 2002)
  • Employers must get employee agreement for comp time rules. (May 2000)
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Stephen Breyer on Principles & Values
Click here for 5 full quotes on Principles & Values OR background on Principles & Values.
  • Timing of decisions not something they teach in law books. (Sep 2021)
  • Cannot rely on original constitution alone. (Sep 2011)
  • Bush v. Gore: recount all votes in Florida. (Dec 2000)
  • Profiled in "Jews in American Politics". (Jan 2001)
  • States cannot sue each other over eased voting rules. (Dec 2020)
Stephen Breyer on Social Security
Click here for background on Social Security.
    No issue stance yet recorded by OnTheIssues.org.
Stephen Breyer on Tax Reform
Click here for 3 full quotes on Tax Reform OR background on Tax Reform.
  • Only Congress can allow out-of-state Internet sales tax. (Jun 2018)
  • State taxes must credit taxes paid in other states. (May 2015)
  • Railroads can sue for tax exemptions on other diesel users. (Feb 2011)
Stephen Breyer on Technology
Click here for 2 full quotes on Technology OR background on Technology.
  • Newspapers may electronically reprint without permission. (Aug 2009)
  • Congress can make laws restricting salacious "signal bleed". (Oct 2002)
Stephen Breyer on War & Peace
Click here for background on War & Peace.
    No issue stance yet recorded by OnTheIssues.org.
Stephen Breyer on Welfare & Poverty
Click here for background on Welfare & Poverty.
    No issue stance yet recorded by OnTheIssues.org.


VoteMatch Responses
(Click here for VoteMatch quiz)
VoteMatch Question & Answer
(Click on question for explanation and background)
Based on these stances:
(Click on topic for excerpt & citation)
Favors topic 1:
Abortion is a woman's unrestricted right
(+2 points on Social scale)
Don't require admitting privileges for abortionists: Favors topic 1
Parental notification is lower priority than maternal health: Favors topic 1
Wrote opinion upholding partial-birth abortion: Strongly Favors topic 1
Roe v. Wade is “settled law”: Neutral on topic 1
Strongly Favors topic 2:
Legally require hiring women & minorities
(-5 points on Economic scale)
Inequality in schools is rooted in institution of slavery: Strongly Favors topic 2
All-male military schools like VMI must admit women: Favors topic 2
Race-based college preference ok only if individualized: Strongly Favors topic 2
Disabled people can sue states under federal ADA law: Favors topic 2
College affirmative action ok to achieve racial diversity: Strongly Favors topic 2
Women under-represented as managers enough for gender bias: Strongly Favors topic 2
Hate crimes should allow racial intent to affect sentencing: Favors topic 2
Let rape victims sue alleged attackers as gender-bias crime: Favors topic 2
Strongly Favors topic 3:
Comfortable with same-sex marriage
(+5 points on Social scale)
No job discrimination for transgender status: Strongly Favors topic 3
Concurred on no longer deny gays the right to marriage: Favors topic 3
Overturn DOMA; equal protection for same-sex couples: Strongly Favors topic 3
Recognize GLBT as a constitutionally-protected class: Strongly Favors topic 3
Recognize GLBT as a constitutionally-protected class: Favors topic 3
Disallow all sodomy laws against same-sex activity: Favors topic 3
Anti-gay funeral pickets ok if they follow police directions: Neutral on topic 3
State laws can protect gay rights: Strongly Favors topic 3
Boy Scouts should be required to accept gay scoutmasters: Strongly Favors topic 3
Strongly Opposes topic 4:
Keep God in the public sphere
(+5 points on Social scale)
States can fund private schools but not parochial schools: Opposes topic 4
Ok to deny scholarships to divinity students: Strongly Opposes topic 4
Paying taxes sufficient to oppose religious tax credits: Strongly Opposes topic 4
Strongly Favors topic 5:
Expand ObamaCare
(-5 points on Economic scale)
Individual mandate is constitutional even with $0 tax: Favors topic 5
Concurred on allowing federal ObamaCare subsidies: Favors topic 5
ObamaCare's mandate is constitutional under Commerce Clause: Strongly Favors topic 5
Broad authority for interstate commerce, like ObamaCare: Favors topic 5
Allow states to restrict cigarette ads beyond federal rules: Strongly Favors topic 5
States have authority to protect patient rights: Strongly Favors topic 5
Federal government decides insurance issues, not states: Favors topic 5
Congress did not intend disparate result on generic drugs: Strongly Favors topic 5
No opinion on topic 6:
Privatize Social Security
(0 points on Economic scale)
(No votes on which to base response)
Opposes topic 7:
Vouchers for school choice
(-3 points on Economic scale)
Schools are limited in regulating student off-campus speech: Neutral on topic 7
Public education needs improvement, and civic lessons: Strongly Opposes topic 7
Federal aid to parochial schools is OK: Strongly Favors topic 7
Parochial school vouchers violate church-state separation: Strongly Opposes topic 7
Limited public funding OK for parochial school materials: Favors topic 7
Strongly Opposes topic 8:
Fight EPA regulatory over-reach
(+5 points on Social scale)
Broad jurisdiction for EPA under Clean Water Act: Strongly Opposes topic 8
EPA regulations ignores precedent of judicial review: Favors topic 8
Migratory birds should extend CWA to isolated waters: Strongly Opposes topic 8
Eminent domain applies to public economic development: Opposes topic 8
Clean Water Act applies to tributaries & wetlands: Strongly Opposes topic 8
OK to sue polluters for past pollution: Opposes topic 8
Opposes topic 9:
Stricter punishment reduces crime
(+2 points on Social scale)
Live witness not required for all scientific testing: Strongly Favors topic 9
Delay executions if asked by International Court of Justice: Strongly Opposes topic 9
Fleeing police is not in itself sufficient to allow search: Opposes topic 9
No death penalty without considering mitigating evidence: Opposes topic 9
OK to lengthen prison sentences retroactively: Favors topic 9
Uphold "Miranda", informing people being arrested of rights: Opposes topic 9
Life-sentence alternative should affect death sentence: Opposes topic 9
Strongly Opposes topic 10:
Absolute right to gun ownership
(-5 points on Economic scale)
Congress can regulate guns in school under Commerce clause: Opposes topic 10
No right to loaded guns in crime-ridden cities: Strongly Opposes topic 10
Strongly Opposes topic 11:
Higher taxes on the wealthy
(+5 points on Economic scale)
Only Congress can allow out-of-state Internet sales tax: Opposes topic 11
State taxes must credit taxes paid in other states: Strongly Opposes topic 11
Railroads can sue for tax exemptions on other diesel users: Opposes topic 11
Strongly Favors topic 12:
Pathway to citizenship for illegal aliens
(+5 points on Social scale)
DACA protect childhood immigrants from deportation: Strongly Favors topic 12
6-month limit on detaining illegal immigrants: Favors topic 12
6-month limit on detaining illegal immigrants: Favors topic 12
No automatic deportation for aliens convicted of crimes: Strongly Favors topic 12
Award back pay to illegal alien fired for union organizing: Strongly Favors topic 12
INS may not hold deportation suspects indefinitely: Favors topic 12
AZ law intrudes on federal immigration policy & civil rights: Strongly Favors topic 12
Favors topic 13:
Support & expand free trade
(+2 points on Economic scale)
Sovereign immunity applies to foreign-controlled companies: Favors topic 13
No opinion on topic 14:
Support American Exceptionalism
(0 points on Economic scale)
Supreme Court can learn from foreign laws: Opposes topic 14
Congress authorized detaining US citizens as enemy soldiers: Strongly Favors topic 14
Guantanamo detainees allowed habeas writ in US courts: Opposes topic 14
Treaty giving individual rights should bind US courts: No opin. on topic 14
No opinion on topic 15:
Expand the military
(0 points on Social scale)
(No votes on which to base response)
Strongly Favors topic 16:
Make voter registration easier
(+5 points on Social scale)
Trump election challenge didn't meet criteria for Court: Favors topic 16
Open to term limits on the Supreme Court if long enough: Favors topic 16
AZ mail-in restrictions violate Voting Rights Act: Strongly Favors topic 16
Allow curbside voting & loosen rules during pandemic: Strongly Favors topic 16
Voting Rights Act still needed to prevent discrimination: Strongly Favors topic 16
Corporate political spending is not protected free speech: Favors topic 16
Campaign finance reform should level candidate playing field: Strongly Favors topic 16
Corporate speech can be restricted but not banned: Strongly Favors topic 16
Public campaign finance can fund based on opponent spending: Strongly Favors topic 16
States cannot sue each other over eased voting rules: Favors topic 16
No opinion on topic 17:
Avoid foreign entanglements
(0 points on Social scale)
(No votes on which to base response)
Favors topic 18:
Prioritize green energy
(-3 points on Economic scale)
Let courts decide what's secret in Cheney energy task force: Opposes topic 18
States can request that EPA regulate CO2 greenhouse gases: Strongly Favors topic 18
Clean Air Act displaced federal common law on CO2 emissions: Strongly Favors topic 18
Extend CWA restrictions to isolated water bodies: Favors topic 18
Opposes topic 19:
Marijuana is a gateway drug
(+2 points on Social scale)
Medical marijuana advocates should seek FDA reclassification: Opposes topic 19
Sentencing rules change allows crack sentence reductions: Opposes topic 19
Tactile inspection for drugs should be legal, like visual: Strongly Favors topic 19
No roadblocks with drug-sniffing dogs: Opposes topic 19
Opposes topic 20:
Stimulus better than market-led recovery
(+2 points on Economic scale)
Must have well rounded vision to institute change: Opposes topic 20

Stephen Breyer is a Progressive Libertarian
(Click for details)


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