Non-Breyer SCOTUS Nominees (user search)
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  Non-Breyer SCOTUS Nominees (search mode)
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Author Topic: Non-Breyer SCOTUS Nominees  (Read 1569 times)
Donerail
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« on: December 31, 2020, 09:54:20 PM »

Lord no. Thurgood Marshall was a wonderful attorney; he might have made a great legislator, as he certainly acted like he was one while on the Court, but as a judge, he was an absolute disaster.
Have you become an originalist now, or merely a Kagan-esque textualist?
You don't need to get into the philosophy of the matter to criticize Marshall. It was widely known that Marshall basically let his clerks write all his opinions, with minimal input from the man himself. I do not believe he was a "disaster", as his instincts were good and he almost always ended up on the right side of decisions ("follow Brennan" will usually lead you to the correct outcome), but not the sort of judge you'd want to propose as a model jurist.
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