Essay by Michael G. Collins
Justice Bradley is remembered equally for his early opinions (such as his dissent in the Slaughter-House Cases) which seemed to champion a broad view of the Reconstruction-era amendments and congressional power, as for his later opinions (such as that in the Civil Rights Cases) that took an apparently narrower view. Some have therefore argued that Bradley underwent a profound, and perhaps politically inspired, intellectual metamorphosis during his tenure on the Supreme Court that caused him to turn his back on Reconstruction. But, as the following Essay argues, an internal analysis of Bradley's own opinions during this period actually suggests a far greater degree of doctrinal coherence and consistency than is commonly thought. The Essay thus suggests that there may be little need to look to external or political events to explain any supposed change of heart.
About the Author
Michael G. Collins. Professor of Law, Tulane Law School.
Citation
70 Tul. L. Rev. 1979 (1996)