Oct 11, 2011
Justice Breyer comes to Baltimore and other October events
The Maryland Court of Appeals’ Ideals of Professionalism calls on attorneys to “willingly take on the responsibility of promoting the image of the legal profession by educating each client and the public regarding the principles underlying the justice system.”
On Thursday, U.S. Supreme Court Justice Stephen Breyer puts this to practice in Baltimore by promoting his book, “Making Democracy Work: A Judge’s View,“ which seeks to explain the power of the court and why the public has and should accept the opinions of an unelected institution.
Justice Breyer believes that the more the public understands the court, the more it will accept its authority — even if it makes decisions that may be widely unpopular.
(Perhaps the justice’s book tour comes at a good time: a recent Gallup poll shows the Supreme Court’s approval rating at only 46 percent, near the all-time low of 42 percent in 2005.)
The book is born out of Breyer’s concern that too much cynicism about the court endangers our system of government because the public may not accept unpopular opinions. Therefore, he argues that for the court to be perceived as legitimate and earn the public’s confidence, we have to dispel that cynicism by educating the public about how the court works and the basis of its power.
Breyer further contends that the court should reject originalism and view “the Constitution as containing unwavering values that must be applied flexibly to ever-changing circumstances” and that the court should “take account of the role of other governmental institutions and the relationships among them.”
I think the book is well worth the read for anyone interested in learning more about the court and those interested in Constitutional theory. However, I think it unfortunate that Breyer does not apply the pragmatic, progressive approach he has of the Constitution to the way in which the court goes about its work.
The public’s view of the court’s legitimacy might improve simply by being more transparent. A book is a great start and it’s a treat to have a member of the court speak publicly (such appearances are rare). But what impact will it really have on educating the public and shaping public opinion? Probably not much.
If members of the court really want to make an impact on public understanding of civics generally and the judicial branch more specifically, they might do better by opening up the courthouse. Breyer has acknowledged cameras in the courtroom would be quite educational but opposes them nevertheless.
Last week, during a hearing before the Senate Judiciary Committee, Breyer and fellow Justice Antonin Scalia expressed fear that most individuals watching would not watch the proceedings “gavel to gavel” but instead only see short sound bites, possibly out of context.
Moreover, Breyer is concerned about harming the institution.
“We are trustees of the court…we don’t want to make a decision and hurt the court,” he said.
Breyer concluded by saying he “would like to know more” and understand what happens to judicial and public attitudes with cameras in the courtroom. Until then, he said, he will remain a conservative on the issue but noted it may eventually ”seem weird what we do now.”
There may already be a generation out there that will view this as “weird.” The court’s stance may be incompatible in an era of technology and instant information. Advancing with the times may be a necessary component of our responsibility to promote the image of the legal profession and educate. Otherwise, how can we hope to effectively communicate with a public that does not receive information in the same way as two hundred years ago?
Transparency in the form of courtroom cameras and a social media presence might be an easier way to address his concern about perception of the court. Disputes about constitutional interpretation will remain forever.
The University of Baltimore Law School is hosting Breyer at the Patricia & Arthur Modell Performing Arts Center at the Lyric on Oct. 13 from 6-8 p.m.
Some other noteworthy events this month:
MSBA Young Lawyers Section Open Meeting & Speed Networking — The MSBA Membership Committee and the Young Lawyers Section have teamed up to provide a speed networking event with the leadership from the various sections and committees of the MSBA. Free heavy hors d’oeuvres and open bar.
When: Oct. 20, 6-9 p.m.
Where: Hilton Garden Inn, 8241 Snowden River Parkway, Columbia
For more details, visit the YLS website.
“Words of Wisdom Luncheon” – Hosted by The Alliance of Black Women Attorneys and featuring Court of Special Appeals Judge Michele D. Hotten and other judges from the Maryland/D.C. area. These jurists and other experienced attorneys will give advice on how to navigate the legal profession from a woman’s perspective and provide general wisdom on how they have succeeded in your career.
When: Oct. 22, 11 a.m-3 p.m.
Where: Stanford Grill, 8900 Stanford Blvd., Columbia
For more details, visit the ABWA’s webiste.
The Bar Association of the District of Columbia Judicial Reception — Hosted by the Honorable Royce C. Lamberth, Chief Judge, and Gregory S. Smith, BADC President.
When: Oct. 25, 6-8 p.m.
Where: U.S. District Court, 333 Constitution Ave. NW
For more details, visit the BADC’s website.
Prince George’s County Bar Association Appellate Committee – A Panel Discussion of Post-Trial Motions.
When: Oct. 27, 6 p.m.
Where: University of Maryland, College Park golf course clubhouse
RSVP: Call 301-952-1442; $25 per person.
Zoo Boo! at the Maryland Zoo in Baltimore – Join the MSBA Young Lawyers Section for a family-friendly event featuring trick or treating, costume contests, carnival games, live entertainment and more. The first 30 to RSVP will receive one free adult ticket and one children’s ticket.
When: Oct. 29, 10 a.m.-4 p.m.
Where: The Maryland Zoo, Druid Hill Park, Baltimore
RSVP: Angela Munro at amunro@msba.org


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