Stephen Breyer Critiques Textualism and Originalism in New Book, Advocates for Constitutional Flexibility

In a recent book, former U.S. Supreme Court Justice Stephen Breyer offers a nuanced critique of textualism and originalism, stating that these judicial philosophies often lead to outcomes he finds “abhorrent.” Breyer’s analysis in this work juxtaposes these interpretive methods with alternative approaches that allow for a more flexible understanding of the Constitution. Although he provides detailed analysis of the contrast between these philosophies, the former justice stops short of using forceful examples to demonstrate where textualism and originalism produce results that could undermine the Supreme Court’s prestige. The full analysis is available here.