Stephen Gerald Breyer
Judge Breyer no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Breyer decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A leading administrative-law jurist: even where an agency holds broad discretion, its action remains open to judicial review for arbitrariness under the governing standards.
“the fact that an agency enjoys broad discretionary powers does not mean judicial review is forbidden”
Procedural preferences
On review of agency fact-finding he applies substantial-evidence deference, sustaining a reasonable Board conclusion even where the case is close.
“Given the respect that we must show to the Board’s fact finding and to its application of statutory language to the facts of a particular case, we cannot say that the Board’s findings are unlawful.”
Cautions
Expects appeals to account for intervening changes in law, deciding on the law in force when the court rules rather than when the case began.
“an appellate court must apply the law in effect at the time it renders its decision.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“reversed, and the case is remanded for proceedings consistent with this opinion.”
“The district court’s order of dismissal is reversed. The case is remanded to the district court for further proceedings consistent with this opinion.”
“Vacated and the case is remanded for further proceedings consistent with this opinion.”
“The judgment of the district court is affirmed, except that the portion of the judgment dealing with the appeal of Arthur J. Thomson is reversed and remanded.”
A historical record
Judge Breyer no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.