Having annexed Crimea as well as swaths of eastern Ukraine and Georgia, Russian strongman Vladimir Putin casts a menacing eye at the Baltics. His new favorite ally, Iran, violated President Obama’s ballyhooed nuclear arms deal before the ink was dry, testing a new class of intermediate-range ballistic missiles designed to be tipped with the very nuclear warheads the mullahs deny coveting. Meanwhile, China flouts international law by constructing artificial islands to bolster its aggressive South China Sea territorial claims. In Europe, a Middle Eastern diaspora wreaks havoc on the continent, exploiting its generous laws on immigration and travel between countries while overrunning communities with Muslim settlers notoriously resistant to Western assimilation.
Rarely in modern history has the inadequacy of law to manage the jungle that is international relations been more starkly illustrated. Yet, according to the United States Supreme Court Justice Stephen Breyer, it is precisely law, as divined by judges, that can tame our tempestuous times. That the judiciary is the institution least competent and least politically accountable for the task is evidently no more an obstacle than the impotence of law itself.
Appointed to the High Court by President Bill Clinton twenty-one years ago, Justice Breyer has been a stalwart liberal—which is to say, a political “progressive” on a court that is increasingly political. He is refreshing nonetheless, even for those of us who recoil from his ideological bent, for his willingness to depart from the Court’s custom of avoiding public debate. Like his colleague and philosophical counterpart Justice Antonin Scalia, Breyer is a frequent public speaker and occasional author on jurisprudential approaches to contemporary challenges. His newest book is The Court and the World: American Law and the New Global Realities.1
