Non-originalist opinions

Mark Graber MGRABER at gvpt.umd.edu
Tue Apr 21 07:12:35 PDT 2009


On a list of opinions that seem to reject at least original expectations (see Balkin), I would add Furman v. Georgia, at least the Brennan and Marshall opinions, as well as any Douglas opinion in a voting rights case (and maybe almost any Douglas opinion).  The reapportionment cases also come to mind.



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