May 31, 2010
Also see Part 1
On Wednesday we looked at Thurgood Marshall’s dissent in Beal v. Doe[1] and Maher v. Roe.[2] In those cases, Justice Marshall wanted to mandate taxpayer funded abortions. Studying the jurisprudence of Justice Marshall is important because he was one of Elena Kagan’s mentors and she described his constitutional interpretation as “a thing of glory”[3] because he thought the role of the court was to “show a special solicitude for the despised and disadvantaged.”[4] While that may be admirable in the abstract, the reality of Justice Marshall’s decisions concerning abortion bears further scrutiny.






