Republican members of the Senate Judiciary Committee tried to smear Elena Kagan all day by attacking her mentor and hero, Thurgood Marshall, as a “liberal activist judge.” Senator Jon Kyl in particular complained that Marshall’s judicial philosophy was “not what [he] would consider mainstream.” Really? Let’s not forget: this was the man who won the breakthrough victory for civil rights in Brown v Board of Education. Justice Marshall spent his quarter century tenure on the Supreme Court protecting the rights of privacy, equal opportunity, and a fair trial. According to Senate Republicans, that record makes Marshall a radical judicial activist.
Can the Republican Senators really be opposed to the legacy of Thurgood Marshall? If so, what in the world could they be for?