United States Supreme Court Justices Stephen Breyer and Antonin Scalia appeared before the United States Senate Judiciary Committee today to discuss how the role of the Supreme Court operations, and Scalia warned against regarding the Court as divided into conservative and liberal wings.
“You should be suspicious if we didn’t have a lot of 5-4 [rulings],” Scalia said, explaining that the Supreme Court usually only hears cases in which “very good” judges on the lower courts appointed “the same way we are” have disagreed on a case.
Justice Breyer noted that approximately 40 percent of cases heard by the Supreme Court end with a unanimous ruling, while 20-25 percent of cases end with a 5-4 ruling – “and not always the same five.” Breyer also added that “It’s a good thing not a bad thing that people’s outlook on the court is not always the same.”
But Breyer also made a comment that would seem to argue against the wisdom of the U.S. Supreme Court deciding on the constitutionality of Obamacare during the 2012 election next year. “It’s really good if we don’t [hear a case] until its settled down,” Breyer said, warning that we should “be careful of intervening before the clamor [of debate] has a chance to take over and take effect.” Breyer had a concluding axiom on that point. “Dont decide too much too fast,” Breyer said.
Sen. Orrin Hatch, R-Utah, joked that he wants Scalia working hard this upcoming year. “And you too, [Justice Breyer], I have great hope for you,” Hatch quipped.
