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Early reviews of the justice's performance were not all complimentary. Remarks attributed to Justice Harlan Stone and excerpts from a speech delivered by Chief Justice Charles Evans Hughes were interpreted as evidence of the justices' unhappiness with Black's legal craftsmanship and respect for precedent. Rumors abounded that his opinions had been the work of New Deal lawyer and Roosevelt confidant Thomas Corcoran. The truth, as it would become known, was quite a different story. In his first eight months on the bench Black wrote thirteen dissents, one of which would form the basis of the majority opinion in the case of Erie Railroad v. Tompkins. The new justice was among the first to discard Justice Louis Brandeis's progressivism, which stressed the need to disperse economic power to prevent its concentration and the likelihood of abuse. Brandeis's views had been influential in shaping the early New...
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This section contains 317 words (approx. 2 pages at 300 words per page) |
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