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This is not an official Supreme Court website.
Copyright © 2026 PLEJ LLC. All rights reserved.
Born
Aug 15, 1938
Birthplace
San Francisco, California
Took seat
Aug 3, 1994
Authored opinions
27
Majority votes
41
Recusals
0
Biography
was born in San Francisco, California, August 15, 1938. He married Joanna Hare in 1967, and has three children - Chloe, Nell, and Michael. He received an A.B. from Stanford University, a B.A. from Magdalen College, Oxford, and an LL.B. from Harvard Law School. He served as a law clerk to Justice Arthur Goldberg of the Supreme Court of the United States during the 1964 Term, as a Special Assistant to the Assistant U.S. Attorney General for Antitrust, 1965–1967, as an Assistant Special Prosecutor of the Watergate Special Prosecution Force, 1973, as Special Counsel of the U.S. Senate Judiciary Committee, 1974–1975, and as Chief Counsel of the committee, 1979–1980. He was an Assistant Professor, Professor of Law, and Lecturer at Harvard Law School, 1967–1994, a Professor at the Harvard University Kennedy School of Government, 1977–1980, and a Visiting Professor at the College of Law, Sydney, Australia and at the University of Rome. From 1980–1990, he served as a Judge of the United States Court of Appeals for the First Circuit, and as its Chief Judge, 1990–1994. He also served as a member of the Judicial Conference of the United States, 1990–1994, and of the United States Sentencing Commission, 1985–1989. President Clinton nominated him as an Associate Justice of the Supreme Court, and he took his seat August 3, 1994. Justice Breyer retired from the Supreme Court on June 30, 2022.
Authored opinions
By ratifying the Constitution, the States agreed their sovereignty would yield to the national power to raise and support the Armed Forces; Congress may exercise this power to authorize private damages suits against nonconsenting States, as in the Uniformed Services Employment and Reemployment Rights Act of 1994.
For the crime of prescribing controlled substances outside the usual course of professional practice in violation of 21 U. S. C. §841, the mens rea “knowingly or intentionally” applies to the statute’s “except as authorized” clause.
Recent votes
Language
Words used most frequently across oral arguments and opinions.
Term
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