Tribute to Justice Breyer

This article is a Series Tribute About the career of Justice Stephen Breyer.

Aileen McGrath is a Senior Attorney at the Supreme Court and the Appellate Practice of Akin Gump Strauss Hauer & Feld. She worked as a clerk for Breyer during 2008-09.

Those of us who were fortunate enough to clerk for Justice Breyer have many fond and fascinating memories of this justice, his enthusiasm and kindness.One of my favorite memories seems like a good place to share after hearing the justices speech at the White House About the democratic experiment that is going on in our country. Some commentators saw Justice Breyer’s remarks as a warning sign of a sense of doom for our nation’s future given recent divisive events. My reaction was the exact opposite.

For decades, Justice Breyer has emphasized democratic experimentation and taught young people about the values ??embodied in the Constitution and the Gettysburg Address. If he had retired 20 years ago, he might have given a speech very similar to the one he gave yesterday. In fact, he gave such a speech to a group of 10th graders who visited the courthouse when I was a clerk. I remember the speech well because the circumstances that led to it were particularly memorable.

One of the benefits of a clerk is the ability to arrange court visits to visit friends and family. I arranged this trip for this group – from an all-girls high school in New York – because their teacher was a friend’s mother. I promised to meet them in the conference room later to answer some questions about the courtroom and what it was like to work there for a year.

As I walked out of the room, I mentioned to the judicial assistant that I would be meeting some students in the hall for a few minutes. The judge heard me say that, put down his papers, grabbed his jacket, and started following me down the hall as if I had summoned him. I will never forget the look on the faces of the students – they were looking forward to hearing the voice of a 27 year old unnamed junior! — when I walked in with the judge himself.

Justice Breyer spent the next 30 minutes giving a version of what the country heard yesterday, the pocket constitution and everything. He talks about how he approaches each case with an open mind about his core beliefs and background. He describes how the role of the courts is the foundation of our ongoing democratic experiment and tradition, grounded in the Constitution and our nation’s fundamental values. I distinctly remember sitting in the back of the room listening to him. This moment perfectly captures many of Justice Breyer’s details: his enthusiasm and generosity, his optimism and belief in the Court and our democracy, and his enduring hope for the next generation.

To me, Justice Breyer’s White House speech resonated with the optimism and belief in our democracy he showed those young students 13 years ago. Justice Breyer has always worked to inspire and uplift young people and students. I hope the same message is heard by the millions of people around the world who heard him speak yesterday.