Frankfurter

[Frank Cross]

Actually, I think the research on Frankfurter is interesting.  He started
out as a New Dealer, which showed up as judicial restraint in
constitutional review.  However, his record soon became one of a
conservative, who did not particularly show judicial restraint.  He has
that reputation, because he wrote opinions professing restraint when
upholding conservative decisions of the executive or legislature.  However,
he was quite ready to strike down liberal actions, without restraint.  His
image as a restraintist doesn't show up in his votes.  In this respect,
today's conservatives are in many respects the heirs of Frankfurter.







Frank Cross
Herbert D. Kelleher Centennial Professor of Business Law
CBA 5.202
University of Texas at Austin
Austin, TX 78712