Benjamin Curtis: Top of the List
نویسندگان
چکیده
When did you last hear mention of Dred Scott,1 the case, its many opinions, or the Justices who sat for it, without a near simultaneous use of the words “best” or “worst”? The majority and dissenting opinions of Dred Scott, as well as the Justices who wrote them, appear on a range of best and worst lists. Ranking Supreme Court Justices and Supreme Court opinions is no trivial pursuit, and for legal historians and even the Justices themselves, it is a temptation too difficult to resist. In 1928, Charles Evans Hughes, between his terms as Associate and Chief Justice of the Court, published a list of “great” Justices. The following decade, Harvard Law School Dean Roscoe Pound produced his own such list. In 1957, Felix Frankfurter composed a roster of “greats” that, by dint of munificence and lapsed time, contained more names than the Hughes and Pound registers combined.2 In 1970, Albert Blaustein and Roy Mersky provided a systematic study on the topic, having polled sixty-five legal, history, and political science scholars (seven of them from the University of Texas at Austin), which yielded a catalog of twelve “greats” and fifteen “near greats” among the ninety-six Justices up to that time.3 Neither Benjamin Curtis nor Roger Taney, the best known of the Dred Scott Justices, qualified for Pound’s group of four greats. Curtis, however, was one of Hughes’s eight greats, and both Curtis
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تاریخ انتشار 2007