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Entries by Karen Russell from 07/2005

Why The “Strict Constructionist” Crowd Makes Me Really Nervous

| Posted 07.21.2005 | Huffington Post

John Roberts’ nomination to the Supreme Court reminds us why more of us need to question the alleged virtue of a having a “strict constructionist” on the Supreme Court. In 1886, the “strict constructionists” on the Supreme Court in Plessy v. Ferguson declared that “separate but equal” didn’t violate the Constitution’s equal protection clause. That was the wrong decision then and it remained the wrong decision until it was finally overturned by Brown v. The Board of Education in 1954 by “activist judges”...