The Finch Formerly Known As Gold

20 May 2003

The primary consideration

George Will, speculating on how the Supreme Court will rule on the University of Michigan affirmative action case, as reported by James Joyner at Outside the Beltway:

The late Justice William Brennan reportedly said that the most important word in the Supreme Court is not "justice" or "equality" or "law" but "five."

Brennan a pragmatist? Who knew?

(And with this, OTB goes onto the blogroll, using my standard criterion, which is "I can't believe you haven't linked this guy yet, considering how many times you've read his blog.")

Posted at 7:44 AM to Political Science Fiction


Thanks!

I had never seen that quote before but used to teach Brennan's related coinage of "the Rule of Five" in my Intro to American Govt. course. The "Rule of Four," of course, is that it takes four Justices to grant cert and thus take the case. The "Rule of Five" is that the Constitution means whatever five Justices say it means.

Posted by: James Joyner at 8:37 AM on 20 May 2003

...at least until some entrepreneur opens up a torches-and-pitchforks stand outside the SCOTUS citadel.

Posted by: McGehee at 12:01 PM on 20 May 2003

Not a problem. The District of Columbia would tax the guy out of existence.

Posted by: CGHill at 2:06 PM on 20 May 2003

Either that or sue the makers of pitchforks.

Posted by: McGehee at 9:41 AM on 21 May 2003

Is there a different between your ordinary, Grant Wood-specification pitchfork and those "assault" pitchforks you see in old movies?

Posted by: CGHill at 10:22 AM on 21 May 2003

Pistol grip, I believe.

Posted by: McGehee at 12:20 PM on 21 May 2003