BREYER — STATUTORY & CONSTITUTIONAL INTERPRETATION (Text, Purpose, Consequences, Rule of Law)

Breyer — Core Claim

Text alone cannot resolve hard cases; when statutory or constitutional language is ambiguous, judges must use additional interpretive tools to reach a workable and legitimate result.

Breyer — View of Text

Text is always the starting point and a constraint, but it is not always the endpoint when meaning or scope remains uncertain.

Breyer — Descriptive Method Label

Breyer's approach is often described as purposive or pragmatic, meaning text is read in light of statutory function, consequences, and institutional context.

Textualism (Descriptive)

A judicial style emphasizing enacted text, grammar, and semantic canons; once text appears clear, other sources are discounted.

Purposive / Pragmatic Interpretation (Descriptive)

A judicial style treating text as constraining but incomplete; purpose, context, consequences, and workability guide resolution when text underdetermines outcomes.

Linguistic Indeterminacy

Ordinary language is context-dependent; general terms inevitably produce edge cases that text alone cannot resolve.

"Snails on the Train" Example

A rule banning 'animals' raises interpretive questions (are snails animals?) that require purpose and context, not just dictionary meaning.

General Interpretive Problem

Hard cases arise because text plausibly supports multiple meanings; judges cannot avoid choice, only disguise or explain it.

Breyer — Traditional Method Overview

A historically grounded approach beginning with text, then consulting context, purpose, history, consequences, and institutional competence.

Step 1 — Text

Text sets boundaries and excludes implausible readings but may leave multiple permissible interpretations.

Step 2 — Context

Statutory structure, placement, and relationship to surrounding provisions inform meaning.

Step 3 — Purpose

Courts ask what problem Congress was trying to solve and whether an interpretation advances or defeats that aim.

Step 4 — History

Drafting history, evolution, and longstanding practice can illuminate how language was understood and applied.

Step 5 — Consequences

Courts assess real-world effects to avoid loopholes, evasion, or statutory collapse.

Step 6 — Institutional Competence

Courts consider whether agencies or legislatures are better positioned to resolve technical or policy-heavy questions.

Step 7 — Workability Over Time

Interpretations should produce administrable, stable doctrine rather than fragmentation.

Textualist Claims (Descriptive)

Textualism claims to reduce discretion, increase predictability, and improve democratic legitimacy.

Breyer's Descriptive Critique

In hard cases, textualism relocates discretion into semantic and grammatical disputes rather than eliminating it.

Competing "Plain Meanings"

Disagreements over ordinary meaning demonstrate that textualism does not uniquely constrain judicial choice.

Two Types of Judicial Disagreement

(1) Traditional vs. traditional — same tools, different weighting. (2) Text-centered vs. purpose-centered — methodological conflict.

County of Maui v. Hawaii Wildlife Fund

Rule: Indirect discharges require permits if they are the 'functional equivalent' of direct discharges.

Insight from County of Maui

Text-only readings can undermine statutory schemes by allowing easy circumvention.

Arlington Central School District v. Murphy

Holding: 'Costs' do not include expert fees.

Ali v. Bureau of Prisons

Holding: 'Any other law enforcement officer' includes prison guards.

Breyer's Ali Critique (Descriptive)

Words like 'any' derive meaning from context and drafting conventions, not abstraction.

"No Limiting Principle" Objection

Critics argue purposive interpretation permits judicial policymaking.

Breyer's First Response (Descriptive)

Textualism does not actually constrain discretion in hard cases.

Breyer's Second Response (Descriptive)

The traditional method disciplines discretion by requiring judges to justify choices openly.

Breyer's Limiting Rule

Clear text controls; ambiguity triggers traditional interpretive tools; explicit commands cannot be ignored.

Agencies and Expertise

Agencies possess technical knowledge, continuity, and democratic accountability through the executive branch.

Zuni Public School District v. Department of Education

Holding: Court defers to longstanding agency interpretation of ambiguous funding formula.

Zuni Insight

Deference to expert practice promotes stability and coherence when text is unclear.

Constitution as a Document

Short, abstract, and value-laden; designed to endure across generations.

McCulloch v. Maryland as Model

Illustrates adaptive interpretation grounded in structure, purpose, and practical necessity.

Originalism (Descriptive)

A judicial approach emphasizing historical meaning at ratification; often struggles with abstract language and modern problems.

Guns — Bruen (Descriptive Issue)

Historical analogy requirement limits consideration of modern conditions and consequences.

Breyer's Bruen Critique (Descriptive)

Rigid historical matching produces fragmented and unstable doctrine.

Abortion — Dobbs (Descriptive Issue)

Original meaning relied on historical periods excluding women from political participation.

Stare Decisis Concern

Methodological disagreement alone destabilizes precedent if treated as sufficient to overrule.

Religion Clauses — Core Purpose

Prevent religious strife and protect liberty of conscience.

McCreary v. ACLU vs. Van Orden

Same text; different outcomes due to context, history, and divisiveness.

Insight from Religion Cases

Purpose-based analysis produces structured limits, not free-floating policy judgments.

Law Is Not Mechanical

Interpretation requires judgment; the issue is how judgment is constrained and justified.

Rule of Law Values (Breyer)

Stability, workability, transparency, democratic legitimacy, and reasoned explanation.

Text Without Purpose

Blind to function and consequences.

Purpose Without Text

Unbounded and illegitimate.

Breyer's Core Synthesis

The rule of law depends on the interaction of text and purpose over time.