File spoon-archives/marxism-thaxis.archive/marxism-thaxis_1998/marxism-thaxis.9803, message 1025


Date: Sat, 28 Mar 1998 22:52:25 -0500 (EST)
From: Justin Schwartz <jschwart-AT-freenet.columbus.oh.us>
Subject: M-TH: Law stuff



Seems that you and I are about the only ones to care about this, but what
the hell. The rest of the discussion seems fairly dull to me. As far as
sex goes, I'd rather do it than talk about it, and as far as talk about it
goes, I'll take Cole Porter any day.

OK, the Warren Court. Obviously its center, indeed its right, was to the
left of the left of the current Court. John Marshall Harlan would be on
the left with Souter and Stewart if he were still with us. You think
Potter Stewart was a liberal; I say, not with Warren, Brenann, Black, and
Douglas as the reference points. He was a centrist. Today of course he'd
be a lunatic leftist, occupting the position of Douglas.

More to the point you ask whether the current Court is likely to save us
from the tyranny of majority. Of course you know my answer to that. But I
don't put my faith in the Court or in thecourts. I do think that the
independent judiciary has a rile to play in this regard. Sometimes it
plays that role, as in Romer v. Evans. More often these days it does not.
litigation can never be a substitute for agigagtion. But it's necesasry too,

--jks 
 




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