MT
Mark Tushnet
17quotes
Quotes by Mark Tushnet

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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,

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The court has gotten more conservative as the country has, but individual members of the court haven't changed certainly not Rehnquist. The court and the country changed around him.

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He and his colleagues opened a number of doors that the next court can choose to walk through or not, ... Those doors weren't opened before he arrived.

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It's one thing for people to know what your voice is and another to know what you look like.

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

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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.

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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,

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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.

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I think he'd look back and say his greatest disappointment was his inability to lead the court to overrule Roe V. Wade.
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