Another Harvard Law view on the legacy of Chief Justice Rehnquist

stuntz.gifGiven this diatribe, it’s refreshing to see that this more reasoned view on the legacy of the late Chief Justice William Rehnquist was also produced by a Harvard Law prof. The money quote follows, which the writer’s colleague would do well to consider:

There is something charmingly modest, and deeply conservative, about that vision of law and governance. Conservatives have long believed that human nature disposes us to arrogance, that we’re not as smart and not nearly as farsighted as we think we are. The world is a terribly complicated place. If I think I’ve figured it out, I’m bound to be wrong, maybe disastrously so. Those who run things should not be enforcing some ideological orthodoxy but muddling along — looking for targets of opportunity, picking up money on the table, testing their intuitions against those of others. It’s not a grand vision of how the Supreme Court or the White House should work. But perhaps all those grand visions — there is no shortage of them — will lead us to very bad places.

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