Crowley says Kagan's Thurgood Marshall citation should raise “red flags”; compares Kagan to Miers Written by Media Matters Staff Published 05/10/10 7:15 PM EDT From the May 10 edition of Fox Business' Happy Hour: Video file Previously: Why is Rush Limbaugh defending slavery? Marshall was saying the Constitution was “defective” because it permitted slavery and did not guarantee women's suffrage. Limbaugh attacks Thurgood Marshall for view that original Constitution -- which allowed slavery -- was “defective” Memo to media: Kagan is no Harriet Miers