premise: 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 --
hypothesis: Not only Justice Breyer thinks the 1976 act would be unconstitutional.
reason: Justice Breyer agrees with the person they are speaking too in the text about the act. I think the system has a hard time telling Justice is speaking to someone. 