Former Justice Stephen Breyer paints a pretty picture of how well the justices personally relate to one another even when they strongly disagree on the law. His essay ignores certain historical anomalies and hardly draws a complete portrait.
We know that there were times in the past when religious bigotry infected relationships between certain justices. And while Justice Breyer’s assertion, that the justices at their conferences never raise their voices in anger nor make snide or personal remarks may be accurate, it is not uncommon for dissenting justices to harshly criticize or even vilify a colleague in their written (and public) opinions.Given the recent revelations about the misconduct and corrupt practices of some of the justices, and the obvious political bent of their decisions which have eroded public trust, perhaps it is time for justices to call out their offending colleagues and hold them to account since no one else seems to have the authority or gumption to do so.
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