Mark Tushnet Quotes

You'd have a fight about this among lawyers. - Mark Tushnet

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. - Mark Tushnet

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. - Mark Tushnet

When he started, the law was tilted in a liberal direction. Now it's not really tilted in a conservative direction, but it's more of a level playing field. - Mark Tushnet

They're not willing to subject their designation to the scrutiny of any outsider except under an extremely loose standard. - Mark Tushnet

They really did reshape the law in significant ways. So, in some ways, he doesn't need to be as hard-edged now as when he started. He has accomplished a lot, so it's less urgent for him to be pressing hard for change. - Mark Tushnet

There's likely to be more informality in the memos, which will be more revealing of Roberts' cast of mind... There may also be advocacy of positions that were rejected. - Mark Tushnet

The Supreme Court has said Congress does have the power to create new legal interests -- to confer standing on people who otherwise wouldn't have it. - Mark Tushnet

The difficulty with the administration's position is that, at least as applied to U.S. citizens, it poses a threat to essentially anyone who the administration chooses to call an enemy combatant. - Mark Tushnet

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