Justice Stephen Breyer on Trump, the Rule of Law, and Whether the Supreme Court is Political

Former Supreme Court Justice Stephen Breyer sits down with Bloomberg Law's Matthew S. Schwartz to discuss the Court, executive power, Dobbs, judicial independence, and the rule of law. Reflecting on nearly three decades on the bench — and the perennial question of whether politics shapes when justices choose to retire — he explains how justices make decisions, and why preserving public trust in the Supreme Court and the Constitution is essential, even as polls show trust in the judiciary near a 50-year low.

The Supreme Court term was limited in its blockbusters this year, but the decision to limit the power of lower court judges to issue nationwide injunctions will have the biggest impact, attorneys and legal scholars say. “It affects how cases get litigated in a big way,” said Anastasia Boden, a senior attorney at the Pacific Legal Foundation, a libertarian public interest law firm. "I saw someone say 'We're all class action attorneys now, right?' because that's all we've got." Boden joins “Cases and Controversies,” along with Georgia State University College of Law professor Eric Segall to discuss the recent term, its rulings, and the justices that stood out the most. Hosts Kimberly Robinson and Lydia Wheeler also talk about the court’s recent emergency order that allows President Donald Trump to move forward with plans to reduce the size of the federal workforce. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

The Supreme Court closed out its term with a string of rulings that divided the justices. The court split 6-3 along ideological lines in opinions June 27 that limited the ability of lower courts to issue nationwide injunctions and gave parents the right to opt their children out of classroom instruction that violates their religious beliefs. Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler dig into the term end blockbusters and discuss the powerful dissents that accompanied them. In one, Justice Sonia Sotomayor fired back at a majority ruling from Samuel Alito by reprinting a children's book in what it appeared to be its entirety. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

Transgender rights suffered a major loss at the US Supreme Court after its opinion in the Skrmetti case. But some advocates for transgender rights found reasons within the opinion to believe their cause might fare better in future cases. Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler get into the details of this opinion on the latest episode of their podcast. They also talk about the other opinions we got from the court this week, including one in which Justice Ketanji Brown Jackson issued an impassioned dissent on the issue of standing. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

The Supreme Court is chipping away at the mound of argued cases it has to decide before the justices break for summer. The court has 21 cases left after releasing its latest batch of opinions. Those included a unanimous decision that revived a lawsuit brought by a family against the government after the FBI mistakenly raided their Atlanta home. Disputes over a Tennessee ban on gender affirming care for transgender minors and nationwide injunctions against President Donald Trump's effort to restrict automatic birthright citizenship are pending potential blockbusters. Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler talk about the court’s recent rulings, a software malfunction at the court that could have been problematic, and the emergency requests from the Trump administration that could keep the justices busy well into the summer months. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

The justices have already had a deluge of emergency requests from the Trump administration, and another is likely to land before them soon involving the president's tariffs. Lower courts have temporarily ruled against the tariffs using doctrines recently revived by the Supreme Court's conservative majority to frustrate policies of Democratic administrations. The Trump administration has signaled it will bring the case to the high court. Cases and Controversies hosts Kimberly Robinson and Greg Stohr discuss those cases as well as other actions by the court. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

The Supreme Court's long-awaited order over the president's firing of Democratic members of independent agencies is puzzling, according to the lawyer representing one of the fired individuals. Gupta Wessler founder Deepak Gupta joins Cases and Controversies hosts Kimberly Robinson and Greg Stohr to discuss what the divided court did and did not do in allowing the administration to move forward with the firings. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

The practicalities of birthright citizenship being restricted in some states but not others appeared to be a concern of key justices on the US Supreme Court. President Donald Trump has asked the justices to narrow lower court rulings that blocked his executive order limiting automatic citizenship to babies born with at least one parent who’s a citizen or permanent resident. Cases and Controversies hosts Greg Stohr and Lydia Wheeler discuss Thursday's arguments and highlight the exchanges that seemed to show the justices are wary of letting Trump start enforcing his restrictions. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

The Supreme Court will sit for a special session May 15 to hear a challenge to President Donald Trump's birthright citizenship order. The merits, however, are not before justices at this time. Instead, the court will consider the scope of relief temporarily available to the parties, and in particular whether federal district courts can enjoin a policy nationwide as to all persons affected. Joining Cases and Controversies hosts Kimberly Robinson and Greg Stohr is University of Virginia law professor Amanda Frost, a leading expert on both birthright citizenship and so-called nationwide injunctions. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

The Supreme Court heard the last in a trio of cases over religious rights with the justices appearing to split long largely ideological lines. During arguments April 30 in Oklahoma Statewide Charter School Board v. Drummond, the justices considered a virtual school's bid to become the nation's first religious charter school. Cases and Controversies hosts Lydia Wheeler and Kimberly Robinson say the case seems to turn on Chief Justice John Roberts. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.