Thursday, June 28, 2007

Thomas v. Breyer Smackdown

Amid all the drama of today's school racial classification decisions, check out footnote 15 of Justice Thomas' concurrence. It compares Justice Breyer's dissent to the Lochner majority opinion by cryptically, but unmistakenly, implying Justice Breyer seeks to import his book Active Liberty into the law as Lochner allegedly sought to import Herbert Spencer's book Social Statics. Ouch!


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