Reading the Constitution

Why I Chose Pragmatism, Not Textualism

Stephen Breyer

$44.95

Paperback

Forthcoming
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English

Simon & Schuster
10 June 2025

History of the Americas; 21st century history: from c 2000 -; Politics & government; Central government; Constitutional & administrative law

New York Times Bestseller In a provocative and brilliant analysis, retired Supreme Court Justice Stephen Breyer deconstructs the textualist philosophy of the current Supreme Court's supermajority and makes the case for a more pragmatic approach of the Constitution.

""You will not read a more important legal work this election year."" --Bob Woodward,

Washington Post reporter and author of fifteen #1 New York Times bestselling books

""A dissent for the ages."" --The Washington Post

""Breyer's candor about the state of the court is refreshing and much needed."" --The Boston Globe

The relatively new judicial philosophy of textualism dominates the Supreme Court. Textualists claim that the right way to interpret the Constitution and statutes is to read the text carefully and examine the language as it was understood at the time the documents were written.

This, however, is not Justice Breyer's philosophy nor has it been the traditional way to interpret the Constitution since the time of Chief Justice John Marshall. Justice Breyer recalls Marshall's exhortation that the Constitution must be a workable set of principles to be interpreted by subsequent generations.

Most important in interpreting law, says Breyer, is to understand the statutes as well as the consequences of deciding a case one way or another. He illustrates these principles by examining some of the most important cases in the nation's history, among them the Dobbs and Bruen decisions from 2022 that he argues were wrongly decided and have led to harmful results.

By: Stephen Breyer
Imprint: Simon & Schuster
Dimensions: Height: 213mm, Width: 140mm, Spine: 22mm
Weight: 281g
ISBN: 9781668021545
ISBN 10: 1668021544
Pages: 368
Publication Date: 10 June 2025
Audience: General/trade , ELT Advanced
Format: Paperback
Publisher's Status: Forthcoming

Stephen Breyer is a former associate justice of the Supreme Court who served there for twenty-eight years until retiring in 2022. He lives in Cambridge, Massachusetts.

Reviews for Reading the Constitution: Why I Chose Pragmatism, Not Textualism

""A dissent for the ages.""--Ruth Marcus ""The Washington Post"" ""A rocket from a Supreme Court justice who served 28 years on the Court. Justice Breyer shows how the current Supreme Court's alleged textualism and originalism are unsound. His book is a judicial arms-control agreement advocating moderation and a path to what he calls 'workable democracy.' You will not read a more important legal work this election year.""--Bob Woodward, Washington Post reporter and author of 15 #1 New York Times bestselling books ""Breyer offers a cogent explanation of judicial reasoning, focusing particularly on the difference between textualism--now dominating the current Court--and pragmatism, which is his guiding principle. . . . A deeply informed analysis of judicial history.""-- ""Kirkus Reviews"" ""Breyer's candor about the state of the court is refreshing and much needed.""--Kimberly Atkins Stohr ""Boston Globe""