Word: distrusters
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...been an ardent critic, and almost all of the latter are politically liberal. One of Ely's sharpest critics, law professor Richard Parker, argues that his colleague's focus on process alone--and not fundamental rights--"is grossly middle of the road and insensitive to class distinctions." Democracy and Distrust, Parker has written is just "an apology" for the upper-middle class polity that is America...
...interestingly, Cox has an answer for those who would call Ely's advocacy of judicial self-restraint a cover for conservatism. The former Watergate special prosecutor notes that Ely's idol is Earl Warren--to whom Democracy and Distrust is dedicated and that in lionizing the Warren Court. Ely is "defending the most activist Court we ever...
...consistently apply it to tough cases. Washington D C circuit judge Shelly Wright--who asked Ely to clerk for him more than 15 years ago, only to have Ely accept a similar post with Warren instead--lauds Ely's "outstanding reputation in judicial circles," but notes of Democracy and Distrust. "Like a lot of writing by scholastics it doesn't get close enough to the practicality that judges have to face," He adds, "I know (Ely's) got a lot of fine distinctions about his judicial restraint, but it's that kind of line-drawing that makes judges turn...
...that the controversial supreme jet, the Concorde, should be permitted to land in New York's Kennedy Airport on an experimental basis. Judge McGowan, who helped decide that case, recalls. He made one of the finest arguments I've ever heard." And then, of course, there's Democracy and Distrust--and the deanship...
...professional views "grossly middle of the road and insensitive to class distinctions," such praise is noteworthy. But if Ely's colleagues are to be trusted, it suggests something more--that the vast recognition that has come John Hart Ely's way in the aftermath of Democracy and Distrust could scarcely he more deserved. Adds McGowan of Ely's legacy, "It's a book that every judge ought to read...