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Bench Memos

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Re: Hruskaism



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Here are the immortal words to which Gerry Bradley alluded, spoken by Senator Roman Hruska in support of the Carswell nomination (hat tip to the inestimable Henry Abraham, in whose history of Court nominations I found this):

“Even if he is mediocre there are a lot of mediocre judges and people and lawyers. They are entitled to a little representation, aren’t they, and a little chance? We can’t have all Brandeises, Cardozos, and Frankfurters, and stuff like that there.”

Passing silently by the reason why Hruska would mention those three in particular, we come to Sen. Russell Long, reaching across the aisle to support Carswell too:

“Does it not seem to the Senator that we have had enough of those upside down, corkscrew thinkers? Would it not appear that it might be well to take a B student or a C student who was able to think straight, compared to one of those A students who are capable of the kind of thinking that winds up getting us a 100-percent increase in crime in this country?”

Hmm. Don’t tell my students this, but when I contemplate the best and the brightest coming out of America’s law schools, I feel a bit of Hruskaism coming on myself . . .



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