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Saturday, September 09, 2006 

Harber Show: O'Connor and Breyer

SCOTUS links to a few programs of something called the Aaron Harber Show. Harber managed to get Justice Stephen Breyer and former Justice Sandra Day O'Connor, both individually and together, to appear on his show to discuss the judiciary.

On the show with both Justices, Harber asks them about a wide range of topics. They include the importance of judicial independence, the strengths and weaknesses of the American system, and even a little about the Hamdan decision.

Justice Breyer made an interesting and often forgotten point about the American judicial system. He said that the strength of our system is that people follow the decisions, even when they disagree with them. We have decided as a people that it is better to support a decision that you don't like than it is to rebel and try to bring down the government. Maybe it was the lessons of the Civil War, maybe it was something else, but we have decided to resolve our disputes in the courts.

During the solo interview with Justice O'Connor, she gave an interesting and possibly cryptic remark to one of Harber's questions. As a part of a question, Harber noted that O'Connor was the only living retired Supreme Court Justice. See recognized the fact that she was unique, but added this: "Maybe I'll be joined in due course by others." Was this a matter of fact statement about the ages of some of the Justices, or inside knowledge about a pending retirement? I love speculation.

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