Jewish Groups Positive on Breyer, but Not Much Known About His Views

Jewish groups have reacted enthusiastically to President Clinton’s nomination of Judge Stephen Breyer to the U.S. Supreme Court.

But while they have expressed satisfaction with Breyer’s character and background, these organizations are uncertain about the judge’s views on some major issues closely monitored by the Jewish community, including church-state separation.

Clinton announced his nomination of Breyer late last Friday, creating the possibility of two Jewish justices serving simultaneously on the Supreme Court — a phenomenon that has not occurred in more than 50 years.

Jewish reaction to the nomination, however, focused more on Breyer’s sterling judicial record. Breyer, 55, currently serves on the 1st U.S. Circuit Court of Appeals in Boston.

“Breyer has one of the best reputations (among judges) in America,” said Rabbi David Saperstein, director of the Religious Action Center of Reform Judaism. “He is widely known as a brilliant and competent jurist.”

“His reputation is superior,” said Marc Stern, co-director of legal affairs for the American Jewish Congress. “He is generally very well-regarded.”

“Breyer is terrific,” said Steven Freeman, legal director of the Anti-Defamation League. “We would have been delighted had he been the choice last time.”

Breyer was considered a finalist for the vacancy left by retiring Justice Byron White last year. But he ultimately lost out to Ruth Bader Ginsburg, whom Clinton nominated instead.

Breyer received strong support last year when his name surfaced as a strong candidate for the nomination, but he fell out of favor when it was discovered that he had failed to pay Social Security taxes on household help. He has since paid the overdue taxes.

REGARDED AS A MODERATE

If confirmed by the Senate, Breyer would fill the spot being vacated by longtime Justice Harry Blackmun, who is retiring this summer at the end of the current term.

By most accounts, though, Breyer would not carry on Blackmun’s legacy as the most liberal justice currently sitting on the court. The Boston appeals court judge is regarded as a moderate, a fact that has already won him support from both conservative and liberal lawmakers.

Jewish groups like Breyer’s reputation as a middle-of-the-road jurist and skilled coalition-builder. But they caution that there is little public knowledge of where the judge stands on such issues of importance to the Jewish community as church-state separation, freedom of religion, abortion rights and civil rights.

Jewish officials said they will have to wait for the Senate confirmation hearings to learn more about Breyer’s philosophy.

According to Saperstein, Breyer is a strong proponent of abortion rights and religious rights.

He is likely an advocate of the separation of church and state, but his opinions in that regard probably will not be fully known until after he is already on the bench, Saperstein said.

David Zwiebel, general counsel of the fervently Orthodox group Agudath Israel of America, likes the fact that Breyer is a moderate, but is unsure of the judge’s lean on specific issues.

“No one decision stands out” that would give a clear indication of his philosophy, he said.

Samuel Rabinove, legal director of the American Jewish Committee, said he would want a justice to be liberal with respect to religious rights, respectful of First Amendment freedoms, including church-state separation, and supportive of abortion rights and civil rights laws.

‘TAKES EVERY CASE SERIOUSLY’

Gary Katzmann, an associate deputy attorney general who clerked for Breyer on the Boston appeals court from 1980 to 1981, recalled Breyer as a serious and straightforward judge. “It’s clear that he takes every case seriously. He is quite open-minded. He tries to give each of the parties a fair day” in court, Katzmann said.

Ginsburg became the first Jewish justice on the court in almost 25 years when she was confirmed last year.

Some experts at the time said Clinton was looking for a Jewish nominee in Ginsburg, since the court had been without a Jewish justice since Abe Fortas left the bench in 1969.

Other Jewish justices have been Louis Brandeis, Benjamin Cardozo, Felix Frankfurter and Arthur Goldberg.

Jewish observers were especially impressed with the selection of Breyer because, with Ginsburg already on the court, it was obvious that Clinton had not chosen Breyer on account of his religion.

Breyer’s nomination is “a feather in Clinton’s cap,” said Zwicbcl of Agudath Israel. The nomination sends the message that candidates for the court should be judged on their merit and not on their religion, he said.

“The nomination shows that competent people” can excel based on their qualifications “regardless of their religion,” Saperstein said.

Breyer, who once clerked for Justice Goldberg, met Tuesday with several key senators. He is expected to be confirmed easily after next month’s confirmation hearings.