The opinions in Ashcroft v. Raich

[Hamilton02 at aol.com]

In my view, it's explained in part by the cleavage in the Republican party  
between Goldwater/Reagan Republicans, who are not adamantly opposed to abortion 
 or the separation of church and state, and what I would call New  Age 
Republicans.  The G/R Republicans find common ground with liberals  in a significant 
number of arenas, though the G/R more interested in  federalism.  The NA, 
though, are opposed to abortion as a categorical  matter and the separation of 
church and state.  The variety of Republican  viewpoints keeps the sands 
shifting.  It's not a full explanation by any  means, but it does explain how 
comparing Repubs and Dems on the Court does not  map onto the differences between the 
two parties right now.
 
Marci
 
 
In a message dated 6/7/2005 2:09:49 P.M. Eastern Standard Time,  
isomin at fas.harvard.edu writes:

agree  with Marci's observation, as my earlier posts suggested.  The
>  interesting question for me is:  why has the Rehnquist Court been  so
> moderate?  (I realize that's a large question.)  Is it  explained by the
> Court's current personnel, or by the institutional  dynamics of the
> Court itself (regardless of personnel)?
>  Scott
>
>




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