One of his principle contributions to the field of administrative law is the idea of regulatory "mismatch." "Mismatch" occurs where the government chooses improper regulatory tools to attempt to fix perceived market failures.6 Rather than using regulation Breyer suggests the use of alternative solutions such as antitrust law, disclosure of additional information about the products and production methods that a firm uses, taxation, or marketable property rights.7 Ironically, although urging the use of antitrust law instead of regulation, Breyer has interrupted the Sherman Act so as to limit its scope of applicability.8.
Breyer is a "dedicated pragmatist" and "empiricist.
Ruth Bader Ginsburg.
Justice Ginsburg replaced Justice White in 1993 as President Clinton's first Supreme Court appointment. Ginsburg, confirmed by a 96 to 3 vote, was not at all new to the Supreme Court. She chaired the American Civil Liberties Union's Women's Rights Project in the 1970s, arguing gender equal protection cases to the Supreme Court. President Carter appointed her to the U.S. Court of Appeals for the District of Columbia, where she was surprisingly the least liberal of his appointees. 1.
Ginsburg does not advocate unfettered judicial activism to meet her policy goals of equal gender protection, however. She criticizes the Roe v. Wade decision striking down anti-abortion laws, much to the dismay of some women's groups. In her view, the paradigm abortion question is if there exists any disadvantageous treatment of a woman because of her pregnancy and reproductive choice. Roe did not present this question, and its premature answer stunted the development of this question and a more popular, legislative answer. She does support the judicial activism in Brown v. Board of Education, noting that it was not altogether a bold decision, but another step of careful NAACP judicial strategy. The question was also limited to segregated schools, and was not out of line with the state legislative trend of reviewing and striking down segregation statutes.
