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I, too, recall distinctly that Justice Souter
repeatedly invoked Justice Harlan at his hearings. And from all that
appears, the admiration was sincere and deeply felt: Not
infrequently Justice Souter looks to and invokes Harlan in his own
constitutional jurisprudence. See most obviously his concurrence in
Glucksberg.
----- Original Message -----
Sent: Monday, June 02, 2003 8:45 AM
Subject: Re: Souter and Harlan
Just an additional point. On day
two of his hearing, Souter said in response to questioning by Sen. Grassley
about how to avoid having judges just making up new rights without any basis
in the Constitution, "I think my best approach to the problem of how to keep
from a totally undisciplined and totally nonobjective approach to the search
for meaning is very much like what Justice Harlan described." (Hearing
transcript, p. 140).
-------Original Message-------
From: Steve
Wermiel <[EMAIL PROTECTED]>
Sent: 06/02/03 08:31 AM
To:
[EMAIL PROTECTED]
Subject: Re: Souter and
Harlan
>
> With all respect to Prof. Sager, I think Souter's
comment about Brennan was
in response to a Senator's specific question
about how Brennan would be
remembered, not about which Justice Souter most
admired. The first question
by Sen. Biden at Souter's hearing contained a
statement by Biden that Sen
Rudman "has indicated that one of the Supreme
Court Justices you most admire
was the second Justice Harlan..." Biden then
asked whether Souter agreed
with Harlan's views in Griswold, and Souter
said he was generally in accord
with Harlan's
approach.
-------Original Message-------
From: Larry Sager
<[EMAIL PROTECTED]>
Sent: 06/02/03 12:29 AM
To:
[EMAIL PROTECTED]
Subject: Re: Souter and
Harlan
>
Steve Wermiel
>
Steve
Wermiel
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