Sunday, May 23, 2021

Prof. Josh Blackman: "John Marshall Law School Cancels John Marshall"

 We are reading another landmark John Marshall opinion this week, McCulloch, so this article is super relevant:  Link

Here is an excerpt:

"John Marshall has officially been canceled. The greatest jurist in American history has been summarily excommunicated. Inclusion demands exclusion. These purges will not stop with slavery. None of us are safe."

I actually think Justice Scalia is the greatest jurist in American history, but, regardless, what are your thoughts about the canceling of Chief Justice Marshall?

Should the Court overrule Marbury (and all decisions resting on Marbury) to cancel John Marshall from its jurisprudence once and for all?

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