re: #40 mmmirele

I can’t…I just can’t…

abovethelaw.com

I took Con Law over 30 years ago, so 30+ years closer to Brown v Board of Education and I couldn’t even begin to tell you what the Plessy line of cases were. Because they’d been overruled, and Brown was only finishing up what had been done in Sweatt v Painter (1950) which held that UT Austin coukdn’t set up a separate but equal law school.

I would have been bewildered in 1987 if presented with this exam. In 2018, faced with judges who won’t say if the would uphold Brown, I would have been livid. I might even have protested the exam or written something completely different.

I am utterly gobsmacked.

Jesus Christ. I took Con Law with John Eastman, and I couldn’t imagine him ever thinking this was a good idea. And he’s among those that think we should go back to the Lochner Era