[3] Tushnet is a main proponent of the idea that judicial review should be strongly limited and that the Constitution should be returned "to the people.

[8][9][10][11] Tushnet served as a law clerk to Justice Thurgood Marshall of the United States Supreme Court between 1972 and 1973.

[13] More recently, he commented on the power of the president to pardon himself, composition of the Court, and the retirement of Justice Anthony Kennedy.

[20] One of the more controversial figures in constitutional theory, he is identified with the critical legal studies movement and once stated in an article that, were he asked to decide actual cases as a judge, he would seek to reach results that would "advance the cause of socialism".

[22] She is currently a Unitarian[23] and formerly directed the National Prison Project of the American Civil Liberties Union but now works in private practice.