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Legal Commentary

: Prawfs

Grouchy Justice(s): NRF's defense of judicial bad behavior...

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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For those of you who missed it, Noah Feldman's got an unusually interesting take in this morning's NYT on the Sotomayor nomination and why judicial temperament is not a pre-req for being a great Justice. He examines why the "no asshole workplace" is not necessarily a desideratum if we're looking for great constitutional developments, whatever those are. Specifically, we get a flavor of how the friction among Frankfurter, Black, Douglas and Jackson "worked."  



Reactions?  Should Sotomayor be prepared to have her views called "irrational" and not "to be taken seriously" -- as O'Connor was when subjected to Scalia's sharp barbs and male bullying...? Or is it too much to ask everyone on the SCOTUS to also be on good behavior? 

Full post as published by Prawfs on June 11, 2009 (boomark / email).

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