November 13, 2025

It's a rare moment when a figure within the judicial system projects unwavering optimism about its future, especially during times of palpable political strain. Last week, Justice Stephen Breyer embodied this spirit as he received the inaugural David Boies Prize at NYU School of Law. This award recognizes individuals showing an "exceptional commitment to justice and the betterment of society." David Boies, who presented the award, led a fireside chat with Breyer, emphasizing a forward-looking dialogue.
Earlier in the day, Justice Breyer participated in a panel titled “Democratic Institutions Under Pressure: A Judicial Perspective,” alongside retired Canadian Supreme Court Justice Rosalie Abella. The discussions throughout the day shared a central theme: cautious optimism in the face of growing threats to judicial independence and democracy.
During the conversation with Boies, Breyer addressed the challenges confronting today's judiciary, including increased security threats that not only endanger judges' personal safety but also threaten the perceived independence of the judiciary. He commented on recent actions by anonymous federal judges urging the Supreme Court to safeguard judicial independence and criticized the Court’s opaque "shadow docket" decisions, which have been leveraged by political actors to undermine lower courts.
Justice Abella provided an international perspective on these issues, highlighting the peculiarities of the shadow docket's impact on the balance of judicial decisions. Despite these challenges, Breyer maintained a positive outlook, emphasizing the judiciary's need to avoid precipitous decisions that could further erode trust in the legal system.
Breyer also reflected on his interactions with younger generations, whom he meets during his talks on civics education. He sees a spark of determination in their eyes—a desire to understand and engage with differing viewpoints to foster societal cohesion. This engagement, he believes, is crucial for sustaining democracy.
In his remarks, Breyer quoted Albert Camus to illustrate the cyclical nature of societal challenges and emphasized the rule of law as a critical tool in maintaining societal order. He juxtaposed his optimistic stance with the more cautionary tone of Justice Abella, who underscored the urgency of protecting robust, independent courts to safeguard democracy.
The ceremony and discussions underscored a vital message: while it's easy to succumb to despair amid political and judicial turmoil, maintaining a hopeful outlook is essential for motivating positive change. Justice Breyer, through his words and actions, champions this perspective, urging both the legal community and the public to believe in the possibility of a rejuvenated, impartial judiciary. As the recipient of the David Boies Prize, Breyer's commitment to upholding justice and fostering societal betterment was celebrated as a beacon of hope in these challenging times.