Justice Breyer, under our theory as we've advanced it, you're right; the 1976 act would be unconstitutional. Whether this Court would apply such a holding in this case to that act is a question that would have to be resolved under the retrospective --
The theory used by Justice Breyer is advanced. 
( z1 advanced :ARG1 ( z2 theory :ARG1-of ( z3 use :ARG0 ( z4 person :name ( z5 name :op "Justice" :op "Breyer" ) ) ) ) )