This afternoon, the Brookings Institution was honored to host Justice Stephen Breyer for a lively discussion, which I moderated, on his new book: Making Our Democracy Work: A Judge’s View. The full audio is available on the Brookings web site. This brief video clip, however, seems to me of special interest to Lawfare readers. Justice Breyer’s book, among many interesting themes, argues strongly for judicial consideration of the consequences of different available interpretations. The book’s final substantive chapter deals with the Guantanamo cases. So I asked Justice Breyer about the consequences of the court’s decision to assert jurisdiction over Guantanamo. Wasn’t the chief consequence to guarantee that no detainee would ever be brought to the facility again but would be held instead in facilities further away from the United States and more out of sight? Wouldn’t the same instinct that caused the Bush administration to bring people to Guantanamo in the first place–the desire to evade judicial review–now guarantee that subsequent administrations keep people away from Guantanamo, preferably in the hands of foreign proxies over whom the courts have no conceivable jurisdiction? What is the consequence of having a strong rule of law norm at one particular location and no comparable rule applicable elsewhere?
-
About Hoover
About Hoover
Located on the campus of Stanford University and in Washington, DC, the Hoover Institution is the nation’s preeminent research center dedicated to generating policy ideas that promote economic prosperity, national security, and democratic governance.
Learn More -
Fellows
Fellows
Hoover scholars form the Institution’s core and create breakthrough ideas aligned with our mission and ideals. What sets Hoover apart from all other policy organizations is its status as a center of scholarly excellence, its locus as a forum of scholarly discussion of public policy, and its ability to bring the conclusions of this scholarship to a public audience.
View All Fellows -
Research
Research
Throughout our over one-hundred-year history, our work has directly led to policies that have produced greater freedom, democracy, and opportunity in the United States and the world.
Learn More -
Commentary
Commentary
Hoover scholars offer analysis of current policy challenges and provide solutions on how America can advance freedom, peace, and prosperity.
Learn More - Library & Archives
-
Support Hoover
Support Hoover
Learn more about joining the community of supporters and scholars working together to advance Hoover’s mission and values.
Learn More - Events
- Student Opportunities
-
-
What is MyHoover?
MyHoover delivers a personalized experience at Hoover.org. In a few easy steps, create an account and receive the most recent analysis from Hoover fellows tailored to your specific policy interests.
Watch this video for an overview of MyHoover.
Create AccountForgot Password
Login?
-
-
What is MyHoover?
MyHoover delivers a personalized experience at Hoover.org. In a few easy steps, create an account and receive the most recent analysis from Hoover fellows tailored to your specific policy interests.
Watch this video for an overview of MyHoover.
Create AccountHave questions? Contact us
Forgot Password
Login?
-
Support Hoover
Support Hoover
Learn more about joining the community of supporters and scholars working together to advance Hoover’s mission and values.
Learn More