Juan Williams tries to pretend that Justice Marshall was not an activist judge.
Come on now. Get real.
Listen to this sentence:
What’s at the heart of any charge of judicial activism is Marshall’s work as a lawyer.
How could he have exhibited a tendency to judicial activism while he was a lawyer? You can only be a judicial activist when you are a judge.
Among the bits of evidence that Williams presents is that very, very radical blacks thought Marshall was not radical enough. So what else is new. That doesn’t turn him into Scalia.
Williams is able to point to a couple of decisions in which Marshall did NOT join the liberal side. Big deal. There are hundreds of opinions where he did.