Stephen Breyer

Stephen Gerald Breyer is a retired Associate Justice of the U.S. Supreme Court. Appointed by Democratic President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court.

Following a clerkship with Supreme Court Associate Justice Arthur Goldberg in 1964, Breyer became well-known as a law professor and lecturer at Harvard Law School starting in 1967. There he specialized in administrative law, writing several influential text books that remain in use today. He held other prominent positions before being nominated for the Supreme Court, including special assistant to the United States Assistant Attorney General for Antitrust, and assistant special prosecutor on the Watergate Special Prosecution Force in 1973.

Books in order of publication:

Energy Regulation by the Federal Power Commission. Washington, DC: Brookings Institution.- 1974

Administrative Law and Regulatory Policy (1st ed.). New York: Little, Brown and Company. – 1979

Regulation and its Reform (1st ed.). Cambridge, MA: Harvard University Press. – 1982

Breaking the Vicious Cycle: Toward Effective Risk Regulation. Cambridge, MA: Harvard University Press. – 1994

Active Liberty: Interpreting Our Democratic Constitution. New York: Vintage Books. – 2005

Administrative Law and Regulatory Policy: Problems, Text, and Cases (6th ed.). Boston, MA: Aspen Publishers. – 2006

Making Our Democracy Work: A Judge’s View. New York: A. A. Knopf. – 2010

The Court and the World: American Law and the New Global Realities. New York: Penguin Random House. – 2015

Against the Death Penalty. Washington, DC: Brookings Institution. – 2016

Breaking the Promise of Brown: The Resegregation of America’s Schools. Washington, DC: Brookings Institution Press. – 2020

The Authority of the Court and the Peril of Politics. Cambridge, MA: Harvard University Press. – 2021

Reading the Constitution: Why I Chose Pragmatism, Not Textualism. New York: Simon & Schuster. – 2024