“Is the justice who made this ruling the same Douglas Ginsburg who was proposed as a replacement for Robert Bork, when the Senate defeated Bork’s nomination? Ginsburg was dropped quickly when it was revealed that he had smoked marijuana in college. So we wound up with the dreadful Anthony Kennedy.”
Yes. I believe it is the same judge. We would have been better off with Ginsburg on SCOTUS.
Ginsburg would have been a better choice. However, in 1988, use of marijuana was considered political death. But the next three Presidents after the older George Bush admitted to using illicit drugs even if, in the case of Bill Clinton, he didn’t inhale!