Bench Memos

NRO’s home for judicial news and analysis.

Reconciling Brown and Plessy


Sen. Graham asks how Brown and Plessy can be reconciled if one believes in “strict constructionism,” and Kagan talks about how precedents, circumstances, and understandings had changed in the meantime — an odd response, rather than just saying that one or the other was wrong. But that obvious answer only jumps out at someone who believes that texts have meaning.


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