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  - Think Twice: Reading…
    
    As an Associate Justice on the Supreme Court for almost three decades, Stephen Breyer was no stranger to hearing arguments for cases, whether landmark, federal, or otherwise, that reached the highest court in the land. As an organization focused on the merits of debate, we wanted to know how the Justices engaged in this practice behind closed doors — and how their debates around interpreting the Constitution helped shape the Court’s decisions. In this episode, our moderator-in-chief, John Donvan, and Chief Content Officer, Lia Matthow, interview Justice Breyer, discuss his book “Reading the Constitution: Why I Chose Pragmatism, not Textualism,” and talk with him how he used this philosophy to guide his deliberations, the landmark cases that showcased it, and why he thinks jurists should choose this philosophy as a means of interpreting the Constitution.
    
    Friday, July 4, 2025
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David Frakt

Professor at Barry University's Dwayne O. Andreas School of Law

David Frakt is a professor at Barry University’s Dwayne O. Andreas School of Law and a lieutenant colonel in the U.S. Air Force Reserve JAG Corps.

Debates Featuring David Frakt

0 seconds of 1 hour, 42 minutes, 53 secondsVolume 90%

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1:42:53

1:42:53

Treat Terrorists Like Enemy Combatants, Not Criminals

With David Frakt, Michael Hayden, Stephen Jones, Marc Thiessen

September 14, 2010

In 2009 the Justice Department announced that 9/11 plotter Khalid Shaikh Mohammed would be tried in New York City, setting off a firestorm of protests. Besides the cost and safety concerns, at issue are whether terrorists should be tried in criminal court or whether national security requires the use of military commissions. Likewise, issues like the closing of Guantanamo, the reading of Miranda rights, and enhanced interrogation all center on the same question: How should the U.S. treat captured alleged…

0 seconds of 1 hour, 42 minutes, 53 secondsVolume 90%

00:00

1:42:53

1:42:53

Treat Terrorists Like Enemy Combatants, Not Criminals

In 2009 the Justice Department announced that 9/11 plotter Khalid Shaikh Mohammed would be tried in New York City, setting off a firestorm of protests. Besides the cost and safety concerns, at issue are whether…

With David Frakt, Michael Hayden, Stephen Jones, Marc Thiessen

September 14, 2010

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