Breyer Nominated For High Court

Harvard Law School lecturer Stephen G. Breyer, chief judge of the United States Court of Appeals for the First Circuit, was nominated Friday to replace outgoing Justice Harry A. Blackmun on the Supreme Court.

Breyer, a moderate who colleagues say will help bring together the divided justices, was passed over for the court last year when President Clinton nominated Judge Ruth Bader Ginsburg instead. Breyer is expected to be confirmed with little dispute in the Senate.

Breyer was a full-time faculty member at the Law School until 1980, when he became a judge on the circuit court. Sources said he was a finalist for Harvard's presidency in 1991.

Law School professors say they are pleased by the choice, but disagree on whether Breyer will move the court to the left or the right ideologically.

"He was the perfect Clinton choice because what's needed for the court now is not just another vote for Clinton, but someone who can form a strong middle to liberal consensus," said Frankfurter Professor of Law Alan M. Dershowitz. "I think [Breyer] will have an immediate impact in helping to form a liberal consensus which will marginalize the extreme right and give much more power to the center left."

Former Harvard President and Law School Dean Derek C. Bok agreed that a slight leftward move is likely when Breyer joins the court.

"I think I would classify him as a very pragmatic moderate liberal, so he may move the court slightly to the left, but not violently," Bok said.

And others say that Breyer is really more moderate than liberal, and that he willhave a decidedly centrist influence.

"I think he's a moderate," said Dean of the LawSchool Robert C. Clark. "He may move [the court]slightly away from the right on social issues butnot dramatically, and he may move it a littletoward the right on regulatory issues."

In an article in Saturday's New York Times,Warren Professor of American Legal History MortonJ. Horwitz called Breyer a socially "conservative"jurist.

But Dershowitz disputed Horwitz' comment.

"Mort's criticism is that [Breyer] is notpolitically correct," Dershowitz said. "Mort isthe standard bearer for political correctness andthe Harvard Law School and I think his views haveto be taken with a grain of salt."

Even more than Breyer's political views,however, colleagues said his "pragmatic,"consensus-building approach will likely have aneffect on the court.

"I have been somewhat worried that the Courtwas perhaps a bit too politically divided andmotivated, especially over issues like abortionand so forth, and it is important that the Courtretain widespread respect," Bok said. "The choiceof Steve represents a strong step by creating thatkind of Court."

A Legal Expert

Colleagues paint the nominee as a legal expertwhose personal opinions won't necessarilyinfluence his opinions.

He is "a lawyer's lawyer--a brilliant andpragmatic legal scholar and practitioner and anice guy," said Dershowitz.

"He is not someone who brings a particularideology with him," said Andrew L. Kaufman '51,Fairchild professor of law. "I think he is thekind of person who decides each case one at a timeand individually... and not coming from anyparticular part of the political and ideologicalperspective."

Breyer still teaches one or two courses a yearat the Law School, usually in anti-trust oradministrative law, according to Clark.

However, he is unlikely to continue teaching.As Clark said, "I think his new duties will beall-consuming."

In the late 1980s, Breyer was a top candidateto become dean of the Law School.

He graduated magna cum laude from Harvard LawSchool in 1964. He joined the Law School facultyin 1967.

Colleagues say Breyer is perfectly suited forthe Supreme Court.

"I think he will bring to the Court a legalmind that will be easily a match for anyone on theCourt so he will contribute intellectually," Boksaid. "He is very intelligent, full of goodhumor."

'Very Bright'

"He is very bright, he is welltrained, he hasgreat judicial experience and he brings anexpertise to the court that will complement thevirtues of the people already there," Clark said.

And Breyer's former teacher, Langdell Professorof Law, Emeritus, Erwin N. Griswold, said Breyermeasures up to his other three former students whoare already on the court--Ginsberg, Anthony M.Kennedy and David H. Souter.

"I think he will be a fine justice, and willplay whatever kind of law the law calls for,"Griswold said

"I think he's a moderate," said Dean of the LawSchool Robert C. Clark. "He may move [the court]slightly away from the right on social issues butnot dramatically, and he may move it a littletoward the right on regulatory issues."

In an article in Saturday's New York Times,Warren Professor of American Legal History MortonJ. Horwitz called Breyer a socially "conservative"jurist.

But Dershowitz disputed Horwitz' comment.

"Mort's criticism is that [Breyer] is notpolitically correct," Dershowitz said. "Mort isthe standard bearer for political correctness andthe Harvard Law School and I think his views haveto be taken with a grain of salt."

Even more than Breyer's political views,however, colleagues said his "pragmatic,"consensus-building approach will likely have aneffect on the court.

"I have been somewhat worried that the Courtwas perhaps a bit too politically divided andmotivated, especially over issues like abortionand so forth, and it is important that the Courtretain widespread respect," Bok said. "The choiceof Steve represents a strong step by creating thatkind of Court."

A Legal Expert

Colleagues paint the nominee as a legal expertwhose personal opinions won't necessarilyinfluence his opinions.

He is "a lawyer's lawyer--a brilliant andpragmatic legal scholar and practitioner and anice guy," said Dershowitz.

"He is not someone who brings a particularideology with him," said Andrew L. Kaufman '51,Fairchild professor of law. "I think he is thekind of person who decides each case one at a timeand individually... and not coming from anyparticular part of the political and ideologicalperspective."

Breyer still teaches one or two courses a yearat the Law School, usually in anti-trust oradministrative law, according to Clark.

However, he is unlikely to continue teaching.As Clark said, "I think his new duties will beall-consuming."

In the late 1980s, Breyer was a top candidateto become dean of the Law School.

He graduated magna cum laude from Harvard LawSchool in 1964. He joined the Law School facultyin 1967.

Colleagues say Breyer is perfectly suited forthe Supreme Court.

"I think he will bring to the Court a legalmind that will be easily a match for anyone on theCourt so he will contribute intellectually," Boksaid. "He is very intelligent, full of goodhumor."

'Very Bright'

"He is very bright, he is welltrained, he hasgreat judicial experience and he brings anexpertise to the court that will complement thevirtues of the people already there," Clark said.

And Breyer's former teacher, Langdell Professorof Law, Emeritus, Erwin N. Griswold, said Breyermeasures up to his other three former students whoare already on the court--Ginsberg, Anthony M.Kennedy and David H. Souter.

"I think he will be a fine justice, and willplay whatever kind of law the law calls for,"Griswold said