Bench Memos

“A Revolution in Slow Motion”

That’s Gregory Sullivan’s phrase for the achievement in anti-constitutional liberalism of Justice William J. Brennan.  Today at Public Discourse, Sullivan discusses a recent book on Brennan:


No matter how heavy the theorizing may get, the project of interpreting what is known as the “living” Constitution is nothing more than the dishonest use of the law to reach ideologically pleasing results. This is one of the salient lessons of a new biography of Justice William Brennan, Jr., Justice Brennan: Liberal Champion, by Seth Stern and Stephen Wermiel. This book, though not without flaws, provides a balanced and lucid portrait of this masterly behind-the-scenes law bender whose influence is, alas, alive and well on the current Court.

Ultimately, Sullivan argues, it is Brennan we have to blame for Roe v. Wade, among other constitutional atrocities.  Read the whole thing here.

Matthew J. Franck — Matthew J. Franck is the Director of the William E. and Carol G. Simon Center on Religion and the Constitution at the Witherspoon Institute in Princeton, New Jersey.

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