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Revision as of 11:49, 26 April 2006
Mark Tushnet (born 1945 -) is a prominent critical legal studies proponent, constitutional law scholar, and author of many books. While serving as a law clerk to Justice Thurgood Marshall, Tushnet authored a memo which dramatically influenced the opinion in Roe v. Wade. Tushnet is a professor at Georgetown University Law Center and one of the most radical constitutional law theorists in the country. He famously described critical legal studies as a "political location" and stated in an article in the Ohio State Law Journal in 1981 that, were he a justice, he would vote in favor of whichever side in a case he thought would best advance the agenda of international socialism.
Tushnet received his juris doctor from Yale University.
Tushnet is a main proponent of the idea that judicial review should be strongly limited and that the Constitution should be returned "to the people".
Tushnet has occasionally described himself as a "quasi-originalist", but has not explained precisely what that means. He is an advocate of "popular constitutionalism," the idea that structural political constraints, not the Supreme Court, are sufficient to protect the rights enumerated in the Constitution.
His daughter is also a professor of law at Georgetown University.
External links
Quotes
- "This what you call a 'deep-doo-doo' problem -- if you think the Senate will flip a coin to impeach a judge, then you're already in deep doo-doo." (He has also referred to this as the "you're screwed" problem.)
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