Scalia and Brown

[Michael McConnell]

I object to the word "courageous" since it assumes the conclusion.

Michael McConnell
University of Utah College of Law
332 South 1400 East Rm. 101
Salt Lake City, UT 84112


> -----Original Message-----
> From: Sanford Levinson [mailto:SLevinson at MAIL.LAW.UTEXAS.EDU]
> Sent: Tuesday, October 24, 2000 5:31 PM
> To: CONLAWPROF at listserv.ucla.edu
> Subject: Scalia and Brown
>
>
> While preparing for my constitutional law classes and
> rereading Scalia's
> dissent in VMI, I noted once again his reference to the "long
> tradition . .
> . of men's military colleges...."  Patricia Williams in the
> current issue
> of The Nation says that Scalia made a public statement while
> visiting the
> Columbia Law School that if Brown had come to him as a case of first
> impression, he would have been forced to decide in favor of
> the states.
> Does anyone have similar knowledge of any such Scalian
> statement?  The only
> originalist I know who is courageous enough to say that Brown
> was wrongly
> decided is Earl Maltz.  (Perhaps I should say "living
> originalist," since
> Raoul Berger certainly was willing to criticize Brown.)
>
> sandy
>