A Tale of Two Justices (Scalia and Breyer)

Abstract

In "A Tale of Two Justices (Scalia and Breyer)", Professor Loewy explores the differences in Justices Scalia and Breyer after their visit to Texas Tech School of Law in November. Loewy explores them on a deeper level, rejecting the usual distinction of conservative versus liberal. Loewy argues that Scalia and Breyer differ on three fundamental issues: what is relevant, the importance of certainty, and the broad or narrow nature of opinions. Loewy praises and criticizes each of the justices for different reasons, but ultimately chooses a hypothetical all-Breyer court over an all-Scalia one, due to Scalia’s lack of recognition of the consequences of Supreme Court opinions.