A key component of the Breyer strategy is the concept of "liquidation," borrowed from James Madison. This theory posits that a settled practice by the other branches of government can "liquidate" or settle a vague constitutional ambiguity. In opinion writing, Breyer utilized this to defer to legislative history and administrative expertise. This allowed him to write opinions that were deferential to Congress, thereby securing votes from Justices who valued stare decisis and institutional stability, even if they disagreed on the underlying ideology.

: Handicappers often keep these as digital references on tablets or phones to study historical data and improve their betting systems while at the track. 2. H. Otley Beyer : Philippine History and Anthropology

Breyer is the Court’s foremost pragmatist. Unlike the strict textualist who asks, "What does the text say?", the Breyer method asks, "What are the consequences of this interpretation?" In the context of opinion assignment, this pragmatism manifests as a desire to narrow the scope of rulings to avoid disrupting the established social or legislative order unnecessarily.