"The Greatest Justices" List

Rick Duncan conlawprof at YAHOO.COM
Wed Mar 7 09:33:19 PST 2001


If "unacceptable ideology" justifies a veto, then in
my opinion Thurgood Marshall and William Brennan
clearly do not belong on the list of great Justices.

Or better yet, perhaps we should have two
lists--"Great Liberal Justices" and "Great
Conservative Justices." Hmmm. What about "Great
Moderate Justices?" OK. Let's do 3 lists.

Richard F. Duncan
Welpton Professor of Law
University of Nebraska College of Law


--- Judith Baer <jbaer at POLITICS.TAMU.EDU> wrote:
> In my opinion, Rehnquist no more belongs on the list
> of great justice than
> Reagan belongs on the list of great presidents, and
> for the same reason:
> unacceptable ideology.
>
> I do not think any list of criteria can exclude
> normative factors.  I don't
> propose a political test, but I think that there is
> such a thing as opinions
> which no responsible public official should hold.
> WHR's part in Bush V.
> Gore is one such Furthermore, some of the decisions
> he has participated in,
> like the recent 11th Amendment cases, are
> incompetent readings of the
> Constitution.
>
> Judy Baer
> Texas A&M
>


=====
"Do you not think an angel rides in the whirlwind and directs the storm."
    --President George W. Bush (quoting John Page)

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