Nerdy Time - In the spirit of the McLaughlin group (PBS or SNL anyone?)
Question:
"Is Justice Scalia merely a reincarnation of Justice Harlan? Why or why not?"
Sub question: "Is it better to burn out or fade away?" (i.e. O'Connor v. Rehnquist (R.I.P.))
Sub-Sub Question - "What (really) is the compelling state interest in regulating advertising by optometrists/opticians?" See Williamson v. Lee Optical of Oklahoma, Inc., 348 U.S. 483, 75 S.Ct. 461 (upholding, inter alia, as constitutional a statute that made it unlawful "to solicit the sale of...frames, mountings...or any other optical appliances.").
DISCUSS!!
Trivial Trivia: Abe Lincoln appointed 5 Justices during his time in office. Taft got to appoint 6. Roosevelt got to appoint 10. Poor Carter didn't get to appoint any. :(
"Is Justice Scalia merely a reincarnation of Justice Harlan? Why or why not?"
Sub question: "Is it better to burn out or fade away?" (i.e. O'Connor v. Rehnquist (R.I.P.))
Sub-Sub Question - "What (really) is the compelling state interest in regulating advertising by optometrists/opticians?" See Williamson v. Lee Optical of Oklahoma, Inc., 348 U.S. 483, 75 S.Ct. 461 (upholding, inter alia, as constitutional a statute that made it unlawful "to solicit the sale of...frames, mountings...or any other optical appliances.").
DISCUSS!!
Trivial Trivia: Abe Lincoln appointed 5 Justices during his time in office. Taft got to appoint 6. Roosevelt got to appoint 10. Poor Carter didn't get to appoint any. :(
2 Comments:
I assume there were two justices by the name Harlan, since 1905 and 1965 seem pretty far apart. If so, then the first Justice Harlan clearly shares Justice Scalia's judicial philosophy, and therefore he was a great justice.
It may be better to fade away if you leave a long legacy. For some, burning out will be the only way you can be remembered.
And I'm not sure how compelling that interest is. Of course, the state has an interest in regulating the work done by optometrists and their ilk, but its compellingness (is that a word?) depends on what competing interest you compare it to.
On "Burning Out".
I was killing time in the 56th st. Barnes' and Noble a week or so ago when I happened to find a coffe-table book called "John Lennon: The New York Years". It chronicled in pictures the five or so last years of Lennon's life.
When I put it down I decided that,after twenty-five years, Lennon's passage has proved to be a good example of when burning-out
was best.
There he was, just got his longed-for green-card, more mature, checking out other people's music for inspiration and ideas,loving his wife, putting out a superb record wherein he celebrates his love for her and his happiness at taking a break from "the big-time" and being content just "watching the wheels go 'round and 'round", when WHAMMO! he gets plugged with eight rounds from a semi-automatic pistol at the ripe old age of 40. Compare that to Paul McCartney who now packs arenas to play literally dozens of the tired ol' favs to throngs of folks who care not one whit for anything that might interest McCartney today musically.
There's John in black and white, smiling at the camera, but not quite, and forever 40.
For my money, there's no better way he cld. have exited this world.
As far as Rehnquist goes, I wld. argue that he DID fade away. to me, burning-out implies a quick demise, either from this life or from one's occupation. So, maybe Rehnquist did burn out. He was still going strong when he got sick. Yeah, I think I changed my mind. Dying relatively quick from cancer (regardless of one's age) is a far cry from what Parkinson's will do to a person.
Sub, sub, sub question: Any justices in history who died young?
Post a Comment
<< Home