Libertarians Pick Their Favorite Supreme Court Justices


This is an old one, but I just found it so I’m going ahead and posting it. Reason Magazine asked 14 leading libertarians who their favorite US Supreme Court justices were: past present and future. 4 of the respondents picked Brandeis, primarily, it seems for his dissent in Olmstead. Interestingly, Randy Barnett claimed not to have any favorites among the past justices but came closest to picking Rufus Peckham for his opinion in Lochner v. New York because it presented a skepticism of the government protecting a liberty not actually mentioned in the Bill of Rights. Brandeis, of course, discovered a “loophole” in Lochner that enabled him to win Muller v. Oregon, which led to lots of legislation by state and federal government aimed at protecting laborers.

Harlan also gets picked by Michael McMenamin for his dissent in Plessey.

You can read the article here.

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