Since I do not practice in Arizona, I have no fear I will be accused of currying favor with the newest Justice of that state’s supreme court: Clint Bolick. Bolick is a co-founder of the Institute for Justice, one of the best libertarian advocacy firms in the nation. He also is a litigator at the Goldwater Institute, a thinktank that promotes constitutional government. This appointment is an exciting development for liberty in law. Here’s the Arizona Republic article. I think Bolick could be a Cardozo for our era.
One of our greatest judges in our history was Judge (later Justice) Benjamin Nathan Cardozo – he served for six weeks as what we in Virginia would call a circuit court then was appointed and then elected to the Court of Appeals of New York (this highest court in the state of NY) from 1913 to 1932 and then was appointed to the US Supreme Court. Cardozo was a Tesla of judges – a great writer with the unusual ability to come up with new ways to see existing legal problems. For example, Cardozo in McPherson v. Buick Motor Co., came up with the idea that a manufacturer who places a defective project in the stream of commerce can be held liable even though the purchaser of the car did not directly purchase it from Buick but from a Buick dealer. That is the basis of present products liability law that protects consumers from poorly manufactured items.
Now I disagree with Cardozo on his tendency toward legal realism but I admire his brilliance and vision. I think Justice Clint Bolick could be a 21st Century Cardozo and he will defend liberty in law. I’ll be interested in how he does. Here’s a neat article at Powerline that already suggests Justice Bolick could be a short-lister for SCOTUS if a Republican wins the Presidency. You just got to read this post yourself but even Jeb Bush twitted his support for Bolick. Bolick also ran for California state legislature in 1980 as a Libertarian and got just over seven percent of the vote.
Article written by: Elwood "Sandy" Sanders