Quote:
Originally posted by Mmmm, Burger (C.J.)
Yeah, the strategy worked so well with Clarence Thomas. Everyone* thought him a more than capable replacement for Thurgood Marshall.
BTW, SAM, the rub on JRB is that she thought Lochner was correctly decided, and that West Coast Hotel v. Parrish was wrong to overrule it (or that case, along with others).
*other than the 48 senators voting against.
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I do not know the history of JRB or the context in which she said these things, but I have a certain respect for a conservative who is willing to stand up for Lochner.
After all, the constitution specifically says that "No state... shall pass any ... law impairing the Obligation of Contract", and that seems to be an individual right that is specifically protected. That must mean something.
While in my personal view the balancing of rights would favor protective legislation in cases like Lochner, I do think some weight should be given to the counterbalancing right, and it is just a question of how much.
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