Law Schools and the Electorate
emaltz at CRAB.RUTGERS.EDU
Tue Oct 31 08:58:39 PST 2000
Whether a "sensible" person could see this Court as liberal depends on the
issues that are important to that person.
While most law professors focus heavily on the federalism cases, I suspect
the most important constitutional cases to most people from last term were the
school prayer case, the abortion case, and the Boy Scouts case. Two of those
decisions were clearly quite liberal in tone; while the third was clearly a
victory for conservative values (albeit based on doctrine developed by
liberals), I suspect that some people might still remember Romer and figure
that into their calculus on the Court's attitude toward gay rights.
At 06:08 PM 10/30/00 -0600, you wrote:
> Richard Dougherty asks:
>> if the people do think the Court is liberal, why do they think so?
> I think the answer would lie in a) abortion (which the Court continues to
> protect, with whatever limitations, against conservative assault and b)
> flagburning, which the Right continues to use as a sure-fire (pardon the
> crowd-pleaser as to how benighted liberals are in protecting rotten people.
> Another, extremely outside possibility, is that a lot of people are aware of
> the Supreme Court's continuing willingness to pre-empt state regulations
> in the absence of clear specification by Congress that it wishes to do so.
> Otherwise, I can't imagine how any sensible person could view the current
> Supreme Court as "liberal."
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