"Proof that a Justice's mind at the time he joined the Court was a complete tabula rasa in the area of constitutional adjudication would be evidence of lack of qualification, not lack of bias."

— Rehnquist, William (1924-2005)


Work Title
Date
1972
Metaphor
"Proof that a Justice's mind at the time he joined the Court was a complete tabula rasa in the area of constitutional adjudication would be evidence of lack of qualification, not lack of bias."
Metaphor in Context
Since most Justices come to this bench no earlier than their middle years, it would be unusual if they had not by that time formulated at least some tentative notions which would influence them in their interpretation of the sweeping clauses of the Constitution and their interaction with one another. It would be not merely unusual, but extraordinary, if they had not at least given opinions as to constitutional issues in their previous legal careers. Proof that a Justice's mind at the time he joined the Court was a complete tabula rasa in the area of constitutional adjudication would be evidence of lack of qualification, not lack of bias.
Provenance
Reading Charles E. Schumer, "We Won't be Fooled Again," The New York Times (February 12, 2017). <Link to NYTimes.com>
Citation
Laird v. Tatum 409 U.S. 824, 835 (1972) (Rehnquist, J. in chambers) <Link to supreme.justia.com>
Date of Entry
02/13/2017

The Mind is a Metaphor is authored by Brad Pasanek, Assistant Professor of English, University of Virginia.