re: #37 Charles Johnson

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The thing Thomas did that Ruckelshouse and Richardson refused to do, that they resigned rather than do it… within 3 weeks a Federal Judge ruled that it had been illegal, the Appellate Court and Supremes refused to even hear an appeal of that decision, and giving Richardson/Ruckelshouse/Thomas that order was count 1 in Nixon’s would-have-been impeachment if he didn’t resign first. Thomas followed that order.

I’ve often felt that Kennedy erred in not mentioning this at all in his anti-Bork screed, focusing almost entirely on Bork’s way-out-of-the-mainsteam judicial philosophy.