Is Judicial Review Good for the Left?

Is Judicial Review Good for the Left?

Political scientist Peter Irons once wrote a book about people who took their constitutional claims to the Supreme Court. They included Mary Beth Tinker, who successfully challenged her school board’s policy barring her from wearing a black armband to protest the war in Vietnam, and Barbara Elfbrandt, a Quaker teacher who refused to take an oath supporting the Constitution. Irons called his book The Courage of Their Convictions.

Recently the winners in important Supreme Court cases upholding First Amendment claims have been James Buckley, a former United States Senator now a federal court judge, the Colorado Republican Campaign Committee, and the First National Bank of Boston. Perhaps someone writing a book like Irons’s today should call it The Color of Their Money.

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Lima