Justice Brennan had several health problems in his later years.

Justice Brennan said he knew the majority's decision would be a popular one.

Justice Brennan had been in failing health for several years.

Justice Brennan's idea of a living constitution figures largely into the center's work.

Justice Brennan argued that the issue of probable cause had not been decided.

Justice Brennan himself regards the 5-to-3 decision as one of his major achievements.

Justice Brennan voted against the Administration's position all but two of those cases.

Justice Brennan had been right, he said, "that public employees are more at risk for expressing dissent."

Obviously, not every opinion Justice Brennan put his name to will stand the test of time.

In this case, Justice Brennan utilized a similar test to the matter at hand.