NOTED WITH INTEREST

NOTED WITH INTEREST

Thursday, March 9, 2006; Page A17

LITTLE ROCK -- What kind of change has the addition of two new members brought to the Supreme Court?

There's more discussion and debate behind closed doors, according to Justice Stephen G. Breyer.


Which President signed the bill establishing the Smithsonian Institution?
A. James K. Polk
B. Zachary Taylor
C. Franklin Pierce
D. James Buchanan
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"Perhaps it has to do with younger people," Breyer, 67, told reporters at a news conference Tuesday before he was to speak at the Clinton Library.

President Bush's first nominee to the court, John G. Roberts Jr., 51, was sworn in last fall, becoming the nation's youngest chief justice in two centuries. Samuel A. Alito Jr., 55, was confirmed in January.

Breyer said publicity surrounding the confirmations has led to greater public interest in the court's operations. That could help justices demystify what they do. "We're not the CIA. The Supreme Court isn't and shouldn't be a secret place," he said. "It's an opportunity for us to explain what the court is about."

Breyer, who was nominated in 1994 by President Bill Clinton, demurred when asked his opinion about the nomination and confirmation process for the high court. "That is like asking for the recipe for chicken a la king from the point of view of the chicken," he said.

Breyer said he doesn't know whether a flurry of recent unanimous decisions indicates that the newly formed court under Roberts is trying harder to agree.

"The more controversial matters tend to pile up by the end of the year," he said. "Unanimity is often a function of what cases come along. If people see eye to eye, it works very well."

"One thing that won't change is that we've all gotten along very well personally, no matter the outcome of cases," Breyer said. "As far as personal dynamics, the court works as well as ever."

At the library event, Breyer said it is "almost inevitable" that the court will televise its proceedings, saying he thinks the court could ease into doing so the same way it has with audio.

The Supreme Court does not allow cameras, but it does release audiotapes of oral arguments in some cases, including Bush v. Gore arguments in December 2000 when the recount of Florida ballots was contested.

-- Associated Press


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