Bench Memos

Law & the Courts

Re: Geoffrey Stone’s Assault on the Integrity of the Supreme Court

One additional point, as follow-up to this post:

At the end of his self-puffing opening, Geoffrey Stone declares that while he has of course disagreed with many Supreme Court decisions over the years, he had, until now, “always respected the essential legitimacy and integrity of the Supreme Court as an indispensable institution in our American democracy.”

Oh, really? I’m not going to undertake a comprehensive review of Stone’s work. But, to cite but one stark counterexample, isn’t this the same Geoffrey Stone who foolishly speculated that the Supreme Court majority in Gonzales v. Carhart ruled that the federal ban on partial-birth abortion was constitutionally permissible because “[a]ll five justices in the majority are Catholic” and they “failed to respect the fundamental difference between religious belief and morality”?  

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