View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Santa Clara University School of Law Santa Clara Law Review Volume 30 | Number 3 Article 1 1-1-1990 Texas v. Johnson Henry Mark Holzer Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation Henry Mark Holzer, Texas v. Johnson, 30 Santa Clara L. Rev. 649 (1990). Available at: http://digitalcommons.law.scu.edu/lawreview/vol30/iss3/1 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact
[email protected]. ARTICLES TEXAS v. JOHNSON Henry Mark Holzer* Editor's Note: This is an opinion written by a "Justice" who is not currently on the United States Supreme Court. The author of this article, Professor Henry Mark Holzer, likes to imagine himself to be a United States Supreme Court Justice in his spare time. This article is the unpublished "Supreme Court" opinion of a would-be Justice in response to the re- cent case of Texas v. Johnson.' I. MR. 'JUSTICE" HOLZER, [DISSENTING]. Unfortunately, too often constitutional analysis and decision-making is informed not by text, intention, and pre- cedent but rather by emotion, desire, and anecdote. When that happens, as it has in this case, we do more than simply make bad constitutional law; we step beyond .our role as judges and tread upon political prerogatives.