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In a recent lecture at Yale University Supreme Court JusticeStephen Breyer cautioned that while most citizens assume thatjudicial review is an enduring part of American government judgesshould not take it for granted. He advises that if judges wish topreserve this undemocratic power they should follow a judicialphilosophy that will build confidence in the courts (Breyer2011). Justice Breyer goes on to describe the kind of judicialphilosophy he has in mind. However some of his colleagues on theSupreme Court would reject his ideas about what philosophy shouldguide judges.