Mark Steyn encapsulates Breyer's attempt to legitimize his anti-constitutional jurisprudence (also known as a lack thereof):
"Stephen Breyer, one of the nine Supreme Court justices, dislikes the term ‘judicial activism’ and prefers to see what he does as part of a ‘democratic conversation’ that’s good for the health of the republic. The Right, not unreasonably, thinks the democratic conversation was held earlier, during the election and then in the legislature and that, having passed a law forbidding, say, partial-birth abortion, they shouldn’t then see it overturned because Justice Breyer wants to have the last word in the ‘democratic conversation’. "
Breyer actually says judges are partaking in a 'democratic conversation' especially in the context of consulting foreign law.
