Thank you, Mr. Chairman.

Judge Breyer, we are back with you again.

TESTIMONY OF STEPHEN G. BREYER, TO BE AN ASSOCIATE

JUSTICE OF THE...

Judge, in the recent Weiss v. United States

decision, the Supreme Court stated:

In determining what process is due, courts must give particular...

Judge Breyer, as a general matter, if two

companies believe it is in the best interest of their business to combine

their organizations...

Judge Breyer, as you may know, the Supreme

Court held in 1922 that professional baseball was not in

interstate commerce, and therefore was...

NOW you pay about $20.

Judge Breyer, could you please discuss your

views on the proper scope of the extraterritorial application of our

antitrust laws—very briefly.

I might say we are working with the Justice

Department now on some legislation.

Judge Breyer, do you believe that U.S. antitrust laws should

apply...

Judge Breyer, I am aware that in the past,

you have lectured on the use of legislative history and touched on

it during the hearing. Could...

Judge, those are all the questions I have. I

think you are an able man and a fair man, and I hope you enjoy

your career on the Supreme Court.

Judge Breyer, would you explain to us the difference

between affirmative action and quotas?

In other words, if there is no numerical figure

that is either set in law or policy, then it really is not a quota, but

an affirmative action...

If you have a situation such as the congressionally

established policy of affirmative action programs in the absence

of a change in that...

The question I have is, if Congress were to

change the policy itself, so that there is no longer an affirmative

action policy, and yet either...

In the absence of a congressional policy is what

I am asking.

I am saying that you simply do not have an affirmative

action program mandated by Congress.

Assuming it is taken off the books.

IS there ever a statute of limitations in terms of

past injustices, or is that something the court makes a determination

on as to whether...

IS that policymaking?

I know you have talked quite a bit about legislative

history. I just want to go back over it for a few moments. In

your article on the uses...

The only point I would make is that many times

members are unaware of these declarations of intent, and for the

court to rely upon those...

YOU struck down a Treasury Department regulation—

I will not go into the details of it—but, in any event, you relied

upon legislative history...

What is interesting about it is that the dissent

pointed out that the majority was confused about the legislative

history. So, I was wondering...

I would like to turn quickly to the subject of

hate crimes. We have had in 1992 more than 7,000 hate crimes reported

in this country, most...

The defendant had burned a cross inside the

fenced yard of a black family, and the Court held that because the

State had not criminalized...

Yesterday, you talked about the Boston courthouse.

Let me come back to it for a moment. I see that Senator

Kennedy is not here, but I am...

It struck me that Boston doesn't really need that

kind of an attraction to be a meeting place. If you look at the tremendous

development...

As you know, a lot has been made of the fact

that you have got 63 private bathrooms, 37 separate law libraries,

33 private kitchens, spiral...

How many judges in that building?

What was the total cost you recall of this facility,

$220 million?

I might point out that we are familiar with the

cost of expensive buildings. You are in one right now. As a matter

of fact, when it was...

YOU were then a senior member at the time.

Just a couple of more questions, Judge. I want to go back to the

book that you wrote that Senator...

But you say the root of it is an ill-informed public

with skewed perceptions of risk

Fed by systematic media reports

and a distrust of the experts.

HOW do you propose to break that—and

compounded by Congress, which is also contributing to the distortions

of priorities—how do you break...

I think that sort of outcomes analysis is probably

unrealistic in view of the life cycle of any President of this

country; that by the time...