by Mike Matzinger
Stephen Breyer, born August 15, 1938, in San Francisco, California, is a distinguished American jurist renowned for his pragmatic and participatory approach to constitutional interpretation. Serving as an Associate Justice of the U.S. Supreme Court from 1994 to 2022, Breyer’s tenure was marked by a commitment to democratic values and a deep respect for the legislative process. He and his younger brother, Charles R. Breyer—a federal district judge—are both Eagle Scouts, reflecting their early engagement in community service. Breyer attended Lowell High School, where he honed his debating skills, engaging in tournaments against notable figures such as future California Governor Jerry Brown and legal scholar Laurence Tribe.
Breyer pursued his undergraduate studies at Stanford University, graduating magna cum laude in 1959. He then studied at Magdalen College, Oxford, under a Marshall Scholarship, earning a first-class honors degree in 1961. He completed his legal education at Harvard Law School, graduating magna cum laude in 1964, where he served as an articles editor for the Harvard Law Review.
During the Vietnam War era, Breyer served in the U.S. Army Reserve for eight years, including six months on active duty in the Army Strategic Intelligence, attaining the rank of corporal before his honorable discharge in 1965.
Breyer’s legal career began with a clerkship for U.S. Supreme Court Justice Arthur Goldberg from 1964 to 1965. He then joined the U.S. Department of Justice’s Antitrust Division before returning to academia. In 1967, he became an assistant professor at Harvard Law School, later holding a joint appointment at Harvard Kennedy School from 1977 to 1980. Renowned for his expertise in administrative law, Breyer authored influential works such as Breaking the Vicious Circle and Regulation and Its Reform, which examined the complexities of regulatory processes.
Breyer also served in various governmental roles, including assistant special prosecutor on the Watergate Special Prosecution Force in 1973 and as special counsel to the U.S. Senate Committee on the Judiciary from 1974 to 1975. From 1979 to 1980, he served as chief counsel of the committee, collaborating with Senator Edward M. Kennedy to pass significant legislation, including the Airline Deregulation Act.
In 1994, President Bill Clinton nominated Breyer to the U.S. Supreme Court to succeed retiring Justice Harry Blackmun. Following his retirement in 2022, Breyer returned to Harvard Law School as the Byrne Professor of Administrative Law and Process, continuing his academic contributions and engagement with legal scholarship.