Since the question has arisen, let's look at some obiter dicta from an appointed Justice--in this case, Reinhardt, Chief Justice of the 9th Circus.
The quotation is from a book review Reinhardt wrote (which is full of errors, by the way).
I feel more confident in judges than in elected officials safeguarding our constitutional liberties. But I would feel even better were there some Warrens, Brennans, Marshalls, Douglases, Blackmuns, or even more Stevenses currently making the decisions that will determine the nature of our rights and freedoms—and indeed the nature of our society—for years to come.
It was very nice of Reinhardt to list the Pantheon of Blackguards. Even nicer that he points to their views as the ones which should 'determine the nature of our society.'
HT: Clay Cramer
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