Friday, June 18, 2010

Poor Joshua!

Linda Greenhouse’s column in the New York Times, A Second Chance for Joshua, provides a fascinating view of the decision to grant cert in DeShaney v. Winnebago County Social Services Department, 489 U.S. 189 (1989).

Update: Be sure to read Mark Tushnet's comment, which disputes Greenhouse's interpretation of Kagan's "Join 4" recommendation.

1 comment:

Mark Tushnet said...

Greenhouse errs in asserting that a "Join 4" recommendation was an error by a new law clerk. The recommendation was a well-established one, whose point was to "scope out" the likely vote on the merits, to ensure that, if cert. were granted, there would be five votes to reverse. (I made a number of "Join 4" recommendations when I clerked for Justice Marshall more than a decade before Kagan did.)