Justice Marshall -Reply

[Mark Tushnet]

Marshall was an Episcopalian.  See Tushnet, Making
Constitutional Law p. 180.  As to his position in
Gillette:  (a) as Michael McConnell reminds us,
one can't simply read off a judge's
constitutional/statutory views from his/her
religious affiliation; (b) Marshall was a patriot
who thought of Lyndon Johnson as "his" president
(see id. at p. 68) and was, for well into the
period of antiwar activism, at the very most a
lukewarm critic of the war, and so a lukewarm
supporter of those he described as draft dodgers.