Justice Breyer Cites His Boss’s Concurrence in Coronary heart of Atlanta Motel


Immediately the Supreme Courtroom determined Cummings v. Premier Rehab Keller. The case involved whether or not damages for emotional misery can be found in fits introduced underneath the Rehabilitation Act. The Courtroom break up 6-3. The bulk, per Chief Justice Roberts, says no. The dissent, per Justice Breyer, says sure. I haven’t got a lot to say in regards to the particular nuances of contract regulation. However I did chuckle when Justice Breyer included a really private quotation:

As a Member of this Courtroom famous in respect to the CivilRights Act of 1964, Congress’ antidiscrimination legal guidelines search “the vindication of human dignity and never mere economics.” Coronary heart of Atlanta Motel, Inc. v. United States, 379 U. S. 241, 291 (1964) (Goldberg, J., concurring). Quoting the Senate Commerce Committee, Justice Goldberg noticed:

“‘Discrimination will not be merely {dollars} and cents, hamburgers and flicks; it’s the humiliation, frustration, and embarrassment that an individual should certainly really feel when he’s advised that he’s unacceptable as a member of the general public due to his race or coloration. It’s equally the lack to clarify to a toddler that no matter training, civility, courtesy, and morality he can be denied the precise to get pleasure from equal therapy, although he be a citizen of america and could be known as upon to put down his life to guarantee this Nation continues.'” Id., at 292 (quoting S. Rep. No. 872, 88th Cong., 2nd Sess., 16 (1964)).

It’s tough to consider that potential funding recipients can be unaware that intentional discrimination primarily based on race, intercourse, age, or incapacity is especially more likely to trigger emotional struggling.

Coronary heart of Atlanta Motel was determined in the course of the October 1964 Time period. And, throughout that point, a younger Stephen Breyer clerked for Justice Arthur Goldberg. I feel it secure to say that Breyer labored on that landmark choice. There have been solely two regulation clerks for every Justice on the time, and the case was determined two months after it was argued. It’s exceptional how a lot the Courtroom has modified within the six many years since Breyer clerked. I doubt Coronary heart of Atlanta can be unanimous as we speak. And we must always by no means lose sight of the truth that Breyer later took Goldberg’s seat. And Breyer’s clerk, KBJ, will take his seat.

Talking of which, yesterday Chief Justice Roberts gave an emotional farewell to Justice Breyer. (C-SPAN has the recording.) Roberts started:

As lots of you might know, Justice Breyer has introduced his retirement from the Courtroom efficient after we rise for the summer season recess. That signifies that the oral argument we concluded will wager he final we hear with Justice Breyer on the bench.

Ehh… Not solely is John Roberts content material to rewrite the acts of Congress. Now he takes it upon himself to rewrite the handiwork by members of the Judiciary! Justice Breyer didn’t announce his retirement when the Courtroom rises for the recess. His assertion was premised on a number of nested conditionals:

“I intend this choice to take impact when the Courtroom rises for the summer season recess this 12 months (sometimes late June or early July) assuming that by then my successor has been nominated and confirmed.

Maybe Roberts is taking the OLC view that since Decide Jackson was confirmed to fill a emptiness that doesn’t but exist, and was commissioned, Breyer is now deemed to have retired. Or one thing to that impact. In any occasion, I feel now Breyer is kind of caught with stepping down, given the Chief’s poignant farewell. Until Breyer pulls a Tom Brady!

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