Stephen BreyerThinkers

Active liberty is particularly at risk when law restricts speech directly related to the shaping of public opinion, for example, speech that takes place in areas related to politics and policy-making by elected officials. That special risk justifies especially strong pro-speech judicial presumptions. It also justifies careful review whenever the speech in question seeks to shape public opinion, particularly if that opinion in turn will affect the political process and the kind of society in which we live.

The American Bar Association is the group that both is in touch with the public on the one hand and understands the judicial institution on the other.

The Constitution of the US is a document whose interpretation, since the New Deal, demands for structural flexibility sufficient to adapt substantive laws and institutions to rapidly changing social, economic, and technological conditions.

Judicial independence is not a suggestion that one may decide the way one wants.

Judicial independence is the idea that even if politics creeps into the selection process, once the person is selected, at that point that person is independent.

Same-sex marriage is tied into the fact that marriage is a 'fundamental liberty' as established in the 1967 loving v. Virginia case on interracial marriage.