The table below highlights Breyer's agreement and disagreement rates with each justice on the court during that term. In the term, Breyer was in the majority in 76 percent of decisions. He was in the majority more often than two other justices and less often than six other justices. He was in the majority more often than four other justices and less often than four other justices.
Across those 10 terms, he has been in the majority for 83 percent of all cases. The noteworthy cases listed in this section include any case where the justice authored a majority opinion or an dissent. Other cases may be included in this decision if they set or overturn an established legal precedent, are a major point of discussion in an election campaign, receive substantial media attention related to the justice's ruling, or based on our editorial judgment that the case is noteworthy.
For more on how we decide which cases are noteworthy, click here. Since he joined the court through the term, Breyer authored the majority opinion in a decision 34 times and authored a dissent in an decision seven times.
The table below details these cases by year. The cases where Breyer authored a opinion pertained to the following issues: criminal procedure 10 , civil rights 10 , judicial power 4 , First Amendment 2 , economic activity 1 , federalism 1 , unions 1 , federal taxation 1 , privacy 1 , and interstate relations 1.
The cases where Breyer authored an dissent pertained to the following issues: privacy 2 , criminal procedure 1 , economic activity 1 , federal taxation 1 , and one other issue. Does v. Mills : On October 19, , U. The plaintiffs argued that the mandate violated their right, under the First Amendment, to the free exercise of religion because it did not provide for a religious exemption. Chief Judge Jon Levy , of the U. District Court for the District of Maine, denied the plaintiffs' earlier request for a temporary restraining order and later refused to grant a preliminary injunction against the mandate.
The U. Court of Appeals for the First Circuit declined to intervene, prompting the plaintiffs to petition Breyer, the justice assigned to field emergency requests from Maine, to suspend the mandate pending appeal. Russo , holding Louisiana Act was unconstitutional. Our dissenting colleagues suggest that this case is different because the plaintiffs have challenged a law ostensibly enacted to protect the women whose rights they are asserting.
But that is a common feature of cases in which we have found third-party standing. We also agree with its ultimate legal conclusion that, in light of these findings and our precedents, Act violates the Constitution. And the law must consequently reach a similar conclusion.
Act is unconstitutional. Breyer authored a majority opinion in this case ruling that a fuel wholesaler owned by a member of the Yakama Indian Nation was exempt from paying state fuel taxes for using public highways because the Yakama Treaty of granted members of the Nation the right "to travel upon all public highways" and preempted its obligation to pay the tax.
Breyer wrote: [29]. On June 26, , the U. A NLRB order held that a soda distributor, Noel Canning, had unlawfully refused to execute a collective bargaining agreement with a labor union. The NLRB ordered the distributor to execute the agreement and to compensate the union members for any financial losses. Constitution and, therefore, the NLRB did not have the necessary quorum of three members to issue its order.
Noel Canning argued that the Senate was in between pro forma sessions and, therefore, was not in recess when the president made the three appointments. The D. Circuit agreed, holding that the three-day adjournment between pro forma sessions of the Senate did not constitute a sufficient recess to make recess appointments under the Recess Appointments Clause.
Writing for a unanimous court, Justice Stephen Breyer upheld the D. Circuit's judgment, holding that the Senate's authority to conduct business by unanimous consent in pro forma sessions indicated that the Senate was not in a formal recess sufficient to trigger the clause for the three NLRB appointments at issue in this case. Justice Stephen Breyer wrote the majority opinion in the case of Illinois v. The question in the case concerned whether or not a highway checkpoint established to gather information on a hit-and-run death could be used to arrest others not related to the original intent of the checkpoint.
The Court found that the use of the checkpoint did not violate the Fourth Amendment when police arrested Robert Lidster for drunk driving after he was stopped at the checkpoint. While it was argued that Edmond , a prior case involving checkpoints, protected Lidster from random checkpoint searches, Breyer wrote the two cases differed:. Justice Breyer was the dissenting writer in the case of Eldred v. Breyer's dissent focused on the ways that the ruling will benefit the interests of corporations and heirs to copyright holders but showed no benefit to the public as a whole.
He concluded by writing:. On June 28, , the U. Supreme Court issued its opinion in the case of Stenberg v. The statute provided that "No partial birth abortion shall be performed in this state, unless such procedure is necessary to save the life of the mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.
Further, any violation of the statute provided for an immediate revocation of a physician's license to practice medicine in Nebraska. Carhart, a Nebraska physician, filed a lawsuit alleging the law violated the U.
A federal district court and the Eighth Circuit Court of Appeals ruled the law was unconstitutional. Writing for a five-justice majority, Justice Stephen Breyer delivered the opinion of the court. The court upheld the Eighth Circuit's judgment that the law was unconstitutional because the law placed an undue burden on a woman's right to obtain an abortion. The link below is to the most recent stories in a Google news search for the terms Stephen Breyer Supreme Court.
These results are automatically generated from Google. Other Facts. Nominated by President Bill Clinton in Former assistant prosecutor during the Watergate hearings in the s. Awarded the prominent Distinguished Eagle Scout Award, eligible only to those who have been an Eagle Scout for at least 25 years. Kennedy School of Government at Harvard University. June - Named by Chief Justice William Rehnquist to lead a panel of justices to consider ways to police members of the federal judiciary while allowing them to maintain their traditional level of independence.
October 30, - Fordham University Law School - a Jesuit school - gives an award to Breyer, causing some controversy due to his support of a woman's right to have a legal abortion. February 9, - While vacationing on the Caribbean island of Nevis, Breyer is robbed by an intruder armed with a machete. No one is hurt in the incident. We strive for accuracy and fairness.
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