Tuesday, September 10, 2019

Review of Justice John Paul Stevens Biography

From The New York Review of Books 9/26/19
by Jed A. Rakoff

A wistful read given the Court's recent regression to the right.
Stevens was a throwback to the liberalism of Brennan and Warren.
Back when the Court was an engine of social progress.
Before the 20th Century progressiveness the Court was a barrier to progress.
Conservative code words---textualism, originalism, just barely disguised political advantage.
The liberalism of the mid-20th century should not be taken for granted.
The fallibilities of the law leads Stevens to say that the death penalty should be abolished.
The bulk of the book is a chronology discussing the new judges as they arrived and the key cases during that time period.
From the outset he was one of the most liberal members of the Court.
But maintained cordial relations with the conservative members of the Court.
Put first principles first before examining the facts of a case.
Properly denounces the Heller decision.
Stevens thought fundamental principles would ultimately triumph.  I am not so sure.


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