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Politics : President Barack Obama -- Ignore unavailable to you. Want to Upgrade?

To: Mac Con Ulaidh who wrote (74797)	5/14/2010 6:00:47 PM
From: Broken_Clock	Read Replies (1) \| Respond to of 149317

Sorry about that. i am confusing two posts. This is the article i am referring to about Kagan: Message 26537204 Marshall asked clerk Kagan to craft the first draft of a strong dissent in that case. But Kagan had a difficult time complying with Marshall’s wishes and he returned several drafts to her for, in Kagan’s words, “failing to express in a properly pungent tone - his understanding of the case.” Ultimately, Marshall’s dissent said, “The intent of our Fourteenth Amendment was to abolish caste legislation.” He relied on Plyler v. Doe, in which the Court had upheld the right of the children of undocumented immigrants to receive free public education in the State of Texas. “As I have stated on prior occasions,” Marshall wrote, “proper analysis of equal protection claims depends less on choosing the formal label under which the claim should be reviewed than upon identifying and carefully analyzing the real interests at stake.” Kagan later complained that Marshall “allowed his personal experiences, and the knowledge of suffering and deprivation gained from those experiences to guide him.”