"Thurgood Marshall, former chief counsel for the NAACP, lion of civil rights litigation and hero of Brown v. Board of Education, Sweatt v. Painter and Murray v. Pearson agreed with Roberts’s advocacy position 67 percent of the time — nearly the same as Scalia and Thomas and more than O’Connor, the justice who upon her retirement was praised as “moderate” by many of those now opposing Roberts.

Unless Roberts’s opponents are prepared to call Thurgood Marshall a civil-rights extremist they need to acknowledge that Roberts’s advocacy positions, as well as his judicial decisions are squarely within the mainstream."

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