Bench Memos

NRO’s home for judicial news and analysis.

Re: Reconciling Brown and Plessy


Roger — I think there’s another possible explanation: To say that Plessy was wrong is to cross the line in giving an opinion about the correctness of a case, opening to door to a series of questions seeking her view of other cases.  Just as she was not willing to name a single “activist” judge, I don’t think she wants to identify even one wrongly decided decision.


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