Justice Thurgood Marshall, dissenting in United States v. Roth (1972): “In my view, every citizen who applied for a government job is entitled to it unless the government can establish some reason for deny in the employment.” It’s hard to imagine a Justice writing this today. Reading USSC opinions from the early 1970s (the Court’s liberal heyday) is always interesting, because the underlying assumptions, methodologies, etc., have changed so much.
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