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Judges and Judiciary

Jul. 7, 2010

The Public Meaning of Thurgood Marshall

Senators criticized Thurgood Marshall's performance as a justice on the Supreme Court during last week's public question and answer. Rebecca Brown of USC Gould School of Law hones in on what's behind these remarks.

Rebecca L. Brown

Supreme Court nominees come and go, and by and large they are confirmed. And so it will be with Elena Kagan. But that does not make irrelevant the spectacle of public question and answer that is the gladiatorial ritual of the confirmation process. It is quite clear that the rhetoric of law and principle that appears in confirmation hearings has some important relation to the development of public views about the Court and the law.

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