A Conversation with Justice Stephen Breyer

This episode addresses the alarming surge of attacks on judges and courts. These attacks range from threats and acts of physical violence to a corrosive rhetoric that undermines public confidence in the judiciary. While criticism of court decisions is a vital aspect of a healthy democracy, dismissing the courts as corrupt or illegitimate threatens the rule of law. Podcast host David F. Levi moderates this discussion in which panelists share their perspectives on the increase in attacks on and unfair criticism of judges and propose solutions to protect judicial independence and uphold the integrity of our judicial system.

Senior Judge M. Margaret McKeown of the U.S. Court of Appeals for the Ninth Circuit talks with David F. Levi about McKeown’s new book, Citizen Justice: The Environmental Legacy of William O. Douglas—Public Advocate and Conservation Champion. U.S. Supreme Court Justice William O. Douglas was a giant in the legal world, particularly as the longest-serving justice from 1939 to 1975. His most enduring legacy, however, is perhaps his advocacy for the environment. In a way unthinkable today, Douglas ran a one-man lobby shop from his chambers at the U.S. Supreme Court, bringing him admiration from allies in conservation groups but raising ethical issues with his colleagues. He became a national figure through his books, articles, and speeches warning against environmental dangers. Douglas organized protest hikes to leverage his position as a national icon, he lobbied politicians and policymakers privately about everything from logging to highway construction and pollution, and he protested at the Supreme Court through his voluminous and passionate dissents. This episode was published as a joint episode of the American Law Institute’s podcast Reasonably Speaking.

Judge Diane Wood of the U.S. Court of Appeals for the Seventh Circuit talks with David F. Levi about her journey to the bench, her judicial philosophy, and the many rewarding aspects of judging. In 2022, Judge Wood served as a distinguished judge in residence at Duke Law School.

Judge Michael J. Garcia of the New York Court of Appeals talks about his unique pathway to the bench. Judge Garcia graduated from Albany Law School in 1989 and went on to clerk for Judge Judith Kaye, the first woman associate and later chief judge of New York state’s highest court, the New York Court of Appeals. During his distinguished career, Judge Garcia has served as the U.S. attorney for the Southern District of New York and has held executive offices at the U.S. Department of Justice and the U.S. Department of Homeland Security. In 2016, Judge Garcia was nominated and confirmed to a 14-year term as one of seven judges on the New York Court of Appeals. Judge Garcia served as the Bolch Judicial Institute’s Distinguished Judge in Residence in 2021.

Stephen G. Breyer, Associate Justice, United States Supreme Court, talks with David F. Levi about themes from his latest book, "The Authority of the Court and the Peril of Politics," published by Harvard University Press.

Judge Jacqueline Nguyen of the U.S. Court of Appeals for the Ninth Circuit and David F. Levi talk about Judge Nguyen's experience as a refugee during the Vietnam war who later became the first Asian American woman to serve on a federal court of appeals. They also talk about her nomination process, how being an immigrant informs her judicial perspective, her pathway to becoming a judge, and the importance of diversity on the bench.

Judge Andrew Oldham of the U.S. Court of Appeals for the Fifth Circuit and David F. Levi talk about the clerkship experience and how clerking can contribute to a fulfilling career in the law. Judge Oldham also talks about clerking for U.S. Supreme Court Justice Samuel Alito and Judge David Sentelle of the DC Circuit and the impact both judges have had on his life.

In part two, Judge Ann Claire Williams talks with David F. Levi about her more than 30-year judicial career on the U.S. District Court for the Northern District of Illinois and the U.S. Court of Appeals for the Seventh Circuit.

Judge Ann Claire Williams talks with David F. Levi about her life, growing up in Detroit, and her journey to becoming the first Black woman to serve as a judge on the United States District Court for the Northern District of Illinois and on the United States Court of Appeals for the Seventh Circuit.

Justice Dikgang Moseneke talks with David F. Levi about his life, from being imprisoned on Robben Island at age 15 to serving as a justice on the Constitutional Court of South Africa, the nation's highest court.