Our dubious Constitution (continued)

DavidEBernstein at aol.com DavidEBernstein at aol.com
Sat Mar 18 20:37:44 PST 2006

I'll grant you that Sutherland unfortunately joined Holmes in dissent in 
Meyer v. Nebraska, but he was also a great champion of women's rights, as I 
discuss in Lochner's Feminist Legacy, 101 Mich. L. Rev. 2140 (2003).  Taft, of 
course, joined, and was C.J. for, Meyer, Pierce, and Tokushige, among others.  I'd 
need some convincing before I'd call them "repressive characters."  Cf. 
Cushman, The Secret Lives of the Four Horsemen,  83 Va. L. Rev. 559 (1997). 

In a message dated 3/18/2006 11:30:39 PM Eastern Standard Time, 
paul-finkelman at utulsa.edu writes:
Sutherland and Taft?  Come on David, you can't praise Harding for his civil 
libertries stands and also praise him for putting those to repressive 
characters on the bench. There's no such thing as a free lunch here (as I learned at 


David E. Bernstein
Visiting Professor
University of Michigan School of Law
George Mason University School of Law
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