I Dissent edited by Mark Tushnet

gavel on black and white coverI Dissent: Great Opposing Opinions in Landmark Supreme Court Cases by Mark Tushnet (2008)


Our constitutional tradition celebrates the great dissenters — John Marshall Harlan, Oliver Wendell Holmes, William O. Douglas. On one level, the reason is clear: out of step with the prevailing constitutional views, of their times, they were [sometimes] vindicated by history. The nation came to see the wisdom of their constitutional views, and the errors of the majorities that temporarily prevailed.

I added the [sometimes] because Scalia’s dissent is in two of the cases and I’m pretty sure when I get to them, he will be wrong, again. (His opinions always were wrong in MY opinion based on general principle!) So I decided I couldn’t wait and went to the last case first because it was a Scalia dissent.

Oddly, other cases have two justices listed in the table of contents as dissenting. However in the Scalia cases, Clarence (gag) Thomas was also listed in the chapter as joining in the dissent in Lawrence v. Texas, but not in the Table of Contents maybe because he wrote a separate dissent. Of course, now that Scalia is dead (RIH) it is a common joke that Thomas will not know how to vote anymore. Plus the mockery that after the many decades on the bench, he had NEVER SPOKEN during a case presented to the Supreme Court until Scalia died (2016).

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