II
His clear thinking and ratiocination was one thing but his intellectual craft and honesty was another.We remember his compassion and tolerance for galaxy thinking unlike his own The arduous journey by the common man to discover a breathe of poetry in the lay of the land.
III
What’s it take to reverse the Felix Frankfurter Harvard Law School thinking? Didn’t Justice Brandeis culttivate his open mindedness in Oregon v. Muller (child labor laws).
But once the alter ego got the Justice’s seat on the high court, his role was no longer his Harvard Law School professorial. Sworn in for life can you blame his brain waves unfurling like Coney Island’s ebbs and tides
Constitutional interpretation. Reconciliation of contradictions. Stare decisis.
1066 the Magna Carta in reverse.
IC
Can any of us on this minor planet point to Justice Frankfurter’s change of mind. What was once revocable became irrevocable.
So it is ( Ucla’s“Mozart and Mushroom Barley”) the truth of man lies not in his uniform but in his soul.
V
Judge Learned Hand became the chief judge of the second circuit. His legacy of open mindedness fair play and tolerance was no obiter dictum. He was a complete man.
No poker games that we know of .No hard nosed rationalizations searching for precedent(s) or minor league umpiring ... challenges to the laws of the land....
Gaining an advantage thru a well connected connection and once in the chair does a Felix Frankfurter.
VI
“The continuation of tolerance and imagination... that to me is the epitome of all good
government”
To know is no less to feel.
Senate Judiciary Hearings on a U.S. Supreme Court seat..., June 28,2010
