Reply To: Political Statements
There’s a definite similarity of principle, and I may have had Jackson whispering in my ear when I wrote that. However, my hindsight definition of excessive judicial activism honestly isn’t as interesting or as useful as Jackson’s three-prong test. Jackson could look at the current state of law to apply his test; I have to look at the future political consequences to apply mine.
Regarding changes in our understanding, what do people think changed between Plessy and Brown? I have my own theory, but others may disagree strongly. I’m curious whether others have independently reached the same conclusion I have.