The Yale Law Journal

Lisa Schultz Bressman

Forum

The Jurisprudence of “Degree and Difference”: Justice Breyer and Judicial Deference

Lisa Schultz Bressman

Justice Stephen Breyer’s context-specific approach to judicial deference has prevailed in Supreme Court’s decisions to an underappreciated extent. Now the conservative majority is moving toward a no-deference rule. But they are unlikely to ultimately succeed because institutional pressure that then-…