Mark Tushnet
Mark Tushnet
Mark Victor Tushnet is a leading scholar of constitutional law and legal history, and currently the William Nelson Cromwell Professor of Law at Harvard Law School...
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When the history of the Supreme Court in the 20th century is written, there will be two great chief justices: Earl Warren and William Rehnquist. Both presided over courts that changed the law in a very dramatic way.
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When you put the memo together with his voting registration challenges and with his opposition to a local antidiscrimination ordinance in Phoenix, ... you get a picture of somebody for whom issues of racial justice and nondiscrimination were not a high priority.
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They're not willing to subject their designation to the scrutiny of any outsider except under an extremely loose standard.
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I think toward the end of his tenure he was more sensitive to the compromises that you have to make if you're going to assemble a majority.