Retired Justice Stephen Breyer was interviewed on the October 6, 2022 episode of the "We the People" podcast, hosted by Jeffrey Rosen. Justice Breyer retired from the U.S. Supreme Court in June, 2022. The discussion included the following on the importance of being civil:
[Stephen Breyer]: We discuss these cases, the nine of us around a table. And after we hear the case, within a day or two, we are sitting at the table. ... And we each talk in turn, nobody speaks twice until everybody speaks once. Okay, that's very helpful. Then after everybody has finished saying what they want, which usually takes three or four minutes for each person, we then discuss it back and forth. ... And then we write, we write opinions. And we write our reasons. And that's what we do in our job. So when we're doing our job, we do our job. And then, when we go to lunch, we talk about the latest basketball game, or what we've read in some kind of mystery story or so we're perfectly good friends. No reason not to be. No reason not to be. You don't have to disagree personally with people who disagree with on their ideas about politics. ... What's important is, you can disagree, but don't do it in a disagreeable way. Listen to people, talk to them, find out what they're thinking. And the benefit of that is they're much more likely to come along and understand what you're thinking too. So that's what I really learned, I think in the Senate, and it has stood me in good stead throughout the rest of my career.
[Moderator]: One of our students says that, how is it possible that you on the court, were able to be such good friends with Justice Thomas, when you disagree.
[Stephen Breyer]: I sat next to him for 28 years, and . . . he has a great sense of humor. I think he's a very decent person. I think he's an honest person, I think. And he knew what these cases were about, I promise you. And so we were friends, and we are friends, people who think we shouldn't be friends, in my opinion, are just wrong. Because you can be friends with people you really disagree with politically or professionally or in some other way. It's not just the same. It's true. I remember ... we're all having lunch upstairs. And just before that, we'd been in a conference. And we'd split five, four on two different cases. And I said to Rehnquist, who was the Chief Justice, and I said, you know, it's amazing here, we are actually having a fairly good time talking to each other, it's perfectly pleasant, and so forth. And just half an hour ago . . . He said, "I know, half an hour ago, each half of the court thought the other half was totally out of its mind." That's what it is. People can get along personally, and they do. And . . . deciding cases, we don't have to agree. And very often, we don't. We try to agree.
