What is a legal "moderate"

[Rick Duncan]

Recently, we have discussed the terms "liberal" and
"conservative" on the list. However, in the next
couple of years President Bush will be expected to
appoint "moderates" to the federal courts and
particularly to the Supreme Court.

None of us like labels very much, but since they will
be used (and we will use them in our op-ed pieces), I
would like to know how some of you think of the term
"moderate" in connection with legal appointments.

May a moderate, for example, support the results (if
not the reasoning) in Roe v. Wade? May a moderate
reject the results in Roe v. Wade? May a moderate
support same-sex marriage as a fundamental
constitutional right? May a moderate believe that the
constitution is silent on same-sex marriage? May a
moderate believe that "benign" racial preferences are
permissible under the EPC? May a moderate believe that
all racial preferences are forbidden under a
color-blind EPC?

Must a moderate adopt the "liberal" position on all or
most important social issues (while being free to
stake out more conservative positions on less
important issues)?

Since this term will be used as a litmus test to
determine whether President Bush is being sufficiently
humble about his narrow victory, I really would like
to know if there is a consensus on the list about what
it means to be a legal "moderate."

--Rick Duncan


=====
nightfall--
daughters and kitten
purring.
   (haiku, rfd, 12/00)

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