Althouse on Alito

Stephen L. Wasby wasb at
Tue Nov 1 17:12:31 PST 2005

I agree with Bobby's implicit comment that Sandy overstated. In the middle of the Court at that time, Potter Stewart and White were the perceived "middle" -- but they were hardly identical: White was more liberal (of the two) on race, and more conservative on criminal procedure, while Stewart
was the "flip" -- more liberal on criminal procedure, more conservative on race (although his separate concurrence in Milliken v. Bradley properly argued that the Court should look at the relationship between housing and school desegregation).  
    Steve Wasby
  ----- Original Message ----- 
  From: RJLipkin at 
  To: SLevinson at ; Mark.Scarberry at ; conlawprof at 
  Sent: Tuesday, November 01, 2005 6:30 PM
  Subject: Re: Althouse on Alito

          Sandy says "White was, with some exceptions, a staunch liberal on race." Can this be true of the author of Washington v. Davis? I'm not saying that any reasonable person must reject the result and reasoning in Davis.  But wouldn't a "staunch liberal on race" reject both?


  Robert Justin Lipkin
  Professor of Law
  Widener University School of Law


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