³ÉÈËXÕ¾

DAVE ROSS

Former Washington AG: Supreme Court is losing one of its last moderate justices

Jan 27, 2022, 11:21 AM

Stephen Breyer, Supreme Court...

Departing Supreme Court Justice Stephen Breyer. (Getty Images)

(Getty Images)

With U.S. Supreme Court Justice Stephen Breyer this week, former Washington state Attorney General Rob McKenna — who appeared in front of him on three separate occasions — reflected on Breyer’s legacy with ³ÉÈËXÕ¾ Newsradio’s Dave Ross.

EXPLAINER: What’s next for the Supreme Court vacancy?

Breyer served on the Supreme Court for nearly three decades, and was known by many for his lengthy, multi-part questions, McKenna recalled.

“I remember being briefed ahead of time about each of the justices and the styles of their questioning during oral argument,” McKenna described. “What I was told about Justice Breyer is that he was well known for asking complicated, multi-part questions that you had to listen to very carefully.”

“After my first case in front of him, I’d had a question which I’d had trouble following,” he continued. “I went back and read the transcript of the argument afterward, and I really couldn’t understand the question, even then when I read it.”

That’s also part of what defined Breyer’s legacy as a “thoughtful” justice.

“I think he’ll be missed, and certainly as one of the remaining moderates on the court,” McKenna added.

The current makeup of the Supreme Court is overwhelmingly conservative, thanks in large part to the three justices appointed by former President Donald Trump in his White House tenure. While Breyer’s replacement won’t exactly make a dent in that dynamic, McKenna sees it as a loss for more moderate voices.

“I think of him as being somewhat similar to former Justice Anthony Kennedy, who’s also a moderate, or former Justice Sandra Day O’Connor, who is a moderate to conservative,” he said. “I don’t think he’ll be replaced by a moderate, and we should enjoy him while he’s finishing out his last term on the court.”

Listen to McKenna’s full discussion with Dave Ross below:

Listen to Seattle’s Morning News with Dave Ross and Colleen O’Brien weekday mornings from 5 – 9 a.m. on ³ÉÈËXÕ¾ Newsradio, 97.3 FM. Subscribe to the podcast here.

Dave's Commentary

Dave Ross on ³ÉÈËXÕ¾ Newsradio 97.3 FM
  • to ³ÉÈËXÕ¾ Newsradio weekdays at 5am for Dave Ross on Seattle's Morning News.

Dave Ross

Image: From left, Chris Sullivan, Dave Ross and Colleen O'Brien stand together in the ³ÉÈËXÕ¾ Newsradi...

MyNorthwest Staff

Dave and Colleen’s final ‘SMN:’ ³ÉÈËXÕ¾ colleagues, politicians say their goodbyes

"Seattle's Morning News" on ³ÉÈËXÕ¾ Newsradio will soon have a new sound. On Thursday, Dave Ross and Colleen O'Brien will host their last show together after a decade of co-hosting.

5 months ago

Classical literature on bookshelves. (Photo by Richard Baker / In Pictures via Getty Images)...

Dave Ross

Dave Ross as you’ve never heard him before: ‘I like fat books and I can’t deny’

"This song, inspired by one of my first interviews when I started my talk show, which was Sir Mix-A-Lot," Dave Ross said.

5 months ago

national debt...

Dave Ross

‘Don’t cut a cent:’ Dave Ross on why the national debt never gets under control

The national debt now exceeds $36 trillion, and every president says it has to be under control. And yet, it never is.

5 months ago

voters hormone...

Dave Ross

Ross: Voters weren’t just voting for change, they were voting for a hormone

The more I read the post-election analysis, the more I’m convinced voters weren’t just voting for a change – they were voting for a hormone.

6 months ago

ross o'brien - Seattle's Morning News...

Frank Sumrall

Dave Ross, Colleen O’Brien departing after co-hosting ‘Seattle’s Morning News’ for a decade

Dave Ross and Colleen O'Brien, the co-hosts of "Seattle's Morning News" on ³ÉÈËXÕ¾ Newsradio are both leaving the show.

6 months ago

election day...

Dave Ross

Dave Ross: Election Day and Decision Day are two separate things

Tomorrow is Election Day – that’s what the calendar says. But there are two problems with the term "Election Day."

6 months ago

Former Washington AG: Supreme Court is losing one of its last moderate justices