Open Minds and Munaf

Slate's blog on legal issues.
March 25 2008 2:11 PM

Open Minds and Munaf

Phil , the Supremes have time-honored words ready-made to make your Munaf point. Here's the theme, from the court's 1949 opinion in Watts (p. 52), quoted verbatim in the 2004 Padilla dissent (p. 11 n.10):

And there comes a point where this Court should not be ignorant as judges of what we know as men.

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(And woman, one might add.) The theme's found, too, in this from Chief Justice Howard Taft, in the 1922 Child Labor Tax Case (p. 37):

All others can see and understand this. How can we properly shut our minds to it?

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