He was right in urging deference to legislative judgments, when economic regulation and ordinary social legislation is at issue.

The Supreme Court has, throughout its history, on many occasions described the deference that is due to legislative judgments.

We have, in this simple example, a paradigm case of a legislative judgment dominated by consistency in strategy.

"Although some may argue the wisdom of the policy choice, the Legislature has made a valid legislative judgment."

The courts also had a role, but for institutional reasons that role called for deference to legislative judgments in all but the most serious cases, like those involving race.

Congress made a legislative judgment to accept no excuses: if you polluted, you paid to clean up the mess you made.

Justice Stevens went on to consider whether there was any reason the court should disregard or disagree with the legislative judgments.

"We will, of course, defer to that legislative judgment," she said.

However, Breyer is also recognized to be deferential to the interests of law enforcement and to legislative judgments in the Supreme Court's First Amendment rulings.

"The only question is whether the legislative judgment is within the realm of reason."