Justice Stevens is the "greatest Justice"—so writes one former clerk (see link at bottom)
Now that Stevens has announced his retirement, praise will be flowing further from former clerks, friends, patronage recipients, many on the left, and various sycophants. The most over-the-top praise is in the link. The author excluded CJ’s so as to avoid the obvious error of ranking Stevens above Marshall and Warren. But, Stevens has some black marks which make him unworthy of such adolescent adulation. His greatest and most unforgivable sin was voting against the First Amendment in the flag-burning case (Eichman). Stevens lets his personal patriotism trump fundamental First Amendment principles. A case in which my candidate for the non CJ award, (at least for the 20th Century) Brennan, voted in favor First Amendment principles.
Although he has supported 4th Amend. values (e.g. Richards v. Wisc.,1997; Groh v. Ramirez, 2004) ) and the exclusionary rule, Stevens has too often. IMHO, voted in favor of the government in 4th Amendment cases, (e.g., U.S. v. Ross, 1982; Md. v. Garrison, 1987; Ill v. Caballes, 2005) He’s obviously not as destructive to those values as Scalia, but his support has not been as consistent as was Brennans.
His dissent in U.S. v. Lopez was one of the most unprofessional I’ve seen. His dissent in Heller was sloppily researched and written.
Stevens greater than Brennan? Than Brandeis? Than Holmes? Than John Marshall Harlan? Than Joseph Story? I could go on, but you get the picture. They all have their warts, but Stevens “greater?” In your dreams. Gimme a break! Although not as bad as some on the Court, Stevens was, too often, a knee-jerk liberal. Fortunately, he was countered by knee-jerk conservatives.
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