TMCnet News
Breyer, Scalia going at it in TucsonOct 26, 2009 (The Arizona Daily Star - McClatchy-Tribune Information Services via COMTEX) -- If you're a judge and you must interpret a particular law before rendering an important decision, do you base your interpretation strictly on the words before you? Or do you look beyond, at such things as tradition, precedent, purpose and consequences? U.S. Supreme Court Justices Antonin Scalia and Stephen Breyer come down on opposite sides of the debate and have each written a book on the topic. This morning, those two legal heavyweights will be in the Leo Rich Theatre at the Tucson Convention Center to debate the issue in an event sponsored by the University of Arizona's William H. Rehnquist Center, PBS and Arizona Attorney magazine. Although the 500-seat venue has long been sold out, the program is being carried live online at ondemand.azpm.org/live or on PBS World, (digital cable 27.3, Comcast 203 or Cox 83) beginning at 11:30 a.m. The one-hour event exemplifies the mission of the Rehnquist Center, which opened in 2006 in the hopes of educating not only future attorneys about the law, but the general public, said Sally Rider, Rehnquist Center director. Over the years, the UA has been fortunate to play host to other justices, including Rehnquist, Sandra Day O'Connor, Ruth Bader Ginsburg and John G. Roberts Jr. In addition, Kenneth Starr, a former U.S. Appeals Court judge who gained notoriety for his investigation of then-President Bill Clinton, came to campus last fall and spoke. Breyer and O'Connor, who has left the high court, are on the Rehnquist Center's advisory board and when Scalia agreed to speak at the UA, Breyer suggested a dual appearance, Rider said. Three years ago, Breyer and Scalia debated before the American Constitution Society for Law and Policy on the same topic. During that appearance, Breyer said most judges use six tools when interpreting the law: text, history, tradition, precedent, purpose and consequences. While some judges emphasize the first four and avoid purpose and consequences, judges should emphasize purpose and consequences, Breyer said. By doing so, Breyer said, it would keep judges in touch with legislators and "the people," which is appropriate in a democratic society. Scalia argued that focusing on purpose and consequences increases the chance of judges making subjective judgments. When attempting to interpret a law's purpose, some judges may assume a limitation in a law was unintentional when, in fact, the lawmakers wanted the limitation, Scalia said. If a decision is made on that faulty assumption, the result is akin to "gar-bage in, garbage out," he said. The same can be said of consequences, said Scalia, who was appointed to the court in 1986 by President Ronald Reagan. "The only objective criteria are the words Congress adopted," Scalia said during the debate. "Once you get away from trying to give them the fairest meaning, you are in trouble." The justices also discussed whether changes in the world around us should be taken into consideration when interpreting the Constitution. Brewer, who was appointed to the court by Clinton in 1994, noted that the 18th-century framers of the Constitution could not have dreamed of a world that included the Internet, TV and radio when they wrote the First Amendment. Rider said today's event isn't just for lawyers. Both justices, former teachers, appreciate humor and will make the event interesting for everyone, she said. U.S. District Judge Cindy K. Jorgenson said she plans to be in attendance. "I think this is an incredible opportunity for the Tucson community," Jorgenson said. "It will be fascinating to see the interplay between the two justices on this topic." Contact reporter Kim Smith at 573-4241 or [email protected] To see more of The Arizona Daily Star, or to subscribe to the newspaper, go to http://www.azstarnet.com. Copyright (c) 2009, The Arizona Daily Star, Tucson Distributed by McClatchy-Tribune Information Services. For reprints, email [email protected], call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA. |