Justice William Brennan had just retired after 34 years as the brains of the liberal-

activist wing of the Supreme Court, and Judge David Souter had been nominated to

replace him. This high-spirited, deeply informative discussion ranges from the specific to

the general and back again. (WFB and Kilpo aren't even afraid to say that Brown v.

Board was wrongly argued.) WFB: "It seems to me Mr. Souter would be entitled to say,

'Well, I'm against abortion, but whatever I'm against has nothing to do with how I will

reason constitutionally.' "... JJK: "I don't know, speaking as a conservative, exactly

what I would want a conservative Justice to do. What activism would I ask of him? I'm

not sure. . . . Take a look at the Miranda rule and stop it a little bit. Stop the excesses of

the exclusionary rule. That's about all you can ask of a conservative on the Court."