Chief Justice nominees

[Frank Cross]

I'm afraid  I don't know Justice Ginsburg's views on European social 
democracy.  I merely meant to use that as an example of how those called 
liberal in the US might not be liberal by another benchmark.

At 08:54 AM 3/1/2005, Samuel Bagenstos wrote:
>I'm interested in what Frank knows about Justice Ginsburg's political
>preferences as they relate to "European social democracy."  Maybe that
>term has some content about the judicial role that I don't understand,
>or maybe there's something about her opinions that express a distaste
>for or lack of full acceptance of "European social democracy."  But I
>must confess that I don't see anything on the public record that would
>justify labeling Justice Ginsburg either pro- or anti-European social
>democracy.  The way in which she might be deemed not all that liberal
>is, it seems to me, in a distinctly American sense that she doesn't
>fully buy the notion, associated with the ACLU and the Warren Court,
>that the judiciary should take the most active role in defending freedom
>and justice.  I don't think her judicial philosophy says anything about
>what she thinks of European social democracy one way or the other.
>
>====================================
>Samuel R. Bagenstos
>Professor of Law
>Washington University School of Law
>One Brookings Drive
>St. Louis, MO  63130
>314-935-9097
>Personal Web Page:
>http://law.wustl.edu/Academics/Faculty/Bagenstos/index.html
>Disability Law Blog:  http://disabilitylaw.blogspot.com/
>
> >>> Frank Cross <crossf at mail.utexas.edu> 3/1/2005 8:22:02 AM >>>
>
>Labels have no intrinsic meaning.  It is clear that Ginsburg is liberal
>as
>compared to the rest of the Court.  It is also clear that she is
>liberal as
>compared to the other branches of government.  Whether she is "liberal"
>in
>some abstract sense depends on how one defines the term.  I think the
>criteria should be the median ideological preferences in the nation at
>the
>time, by which standard she is liberal.  But others might claim that
>European social democracy is the standard for liberal, by which she is
>
>not.  The label is a meaningful one, but only in a context.
>
>Incidentally, I think John McGinnis is working on some research where
>he
>matches up law professor preferences with those of the justices, so
>Eugene's hypothesis might be testable.
>
>
>
>At 12:54 AM 3/1/2005, Bob Sheridan wrote:
> >What I'm interested in seeing, and in a roundabout way alluding to, is
>
> >that before we hang inconvenient political tags on people, we ought to
>run
> >a list of issues, such that if you opt one way, it is clear that you
>are a
> >Liberal, and if you opt the other way, you are a Conservative.
> >
> >It appears that the label-hangers each have an idea in their head as
>to
> >what the criteria are.  Great.  Put it on paper so I can decide
>whether I
> >agree or not.  Then we can all play the game.  Otherwise we're just
>taking
> >potshots and no one can see where the target is.
> >
> >BobS.
> >
> >Volokh, Eugene wrote:
> >
> >>         I'm not sure what the claim here is:  Is it that this is all
>a
> >>standardless game, so that labeling the Justices "liberal" or
> >>"conservative" is folly?  (see the third paragraph)?  Or is it that
>all
> >>nine Justices are in fact conservatives, heavy or lite (see the
>first
> >>and second paragraphs)?
> >>
> >>         Naturally, if "liberal" means "matching the left half of
>the
> >>legal academy," then one can find few Justices who fit that pattern,
>now
> >>or in the past.  But that might be partly because the legal academy
>is
> >>quite far to the left of the country as a whole.
> >>
> >>         Eugene
> >>
> >>
> >>
> >>>-----Original Message-----
> >>>From: conlawprof-bounces at lists.ucla.edu
> >>>[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Bob
>Sheridan
> >>>Sent: Monday, February 28, 2005 10:37 PM
> >>>To: Earl Maltz
> >>>Cc: Jeff Renz; conlawprof at lists.ucla.edu
> >>>Subject: Re: Chief Justice nominees
> >>>
> >>>
> >>>I try hard not to label Justices Ginsburg and Breyer, and the
>Republican
> >>>(allegedly) Souter as anything other than Conservative Lite.  And
> >>>Justice Stevens.  A conservative with a heart.
> >>>
> >>>I haven't seen a liberal on the Court in a long time.  Is anyone who
>
> >>>runs, when Justices Rehnquist, Scalia, and Thomas rumble into view,
>a
> >>>Liberal?  Is Justice Anthony Kennedy the real Liberal?  Coming down
>
> >>>foursquare on the side of Liberty for a disfavored minority?
> >>>Or just so far right he's coming around the other side?
> >>>
> >>>Another one of these standardless games, labeling the justices, like
>
> >>>calling a person "in" or "out" of someone's alleged "mainstream."
> >>>Anyone I happen not to favor at the moment is automatically "out" of
>the
> >>>mainstream.  That's my story and I'm sticking with it.
> >>>
> >>>I suppose one has to call them something, otherwise it's no fun.
> >>>
> >>>BobS.
> >>>
> >>>
> >>>
> >>>
> >>>
> >>>
> >>>
> >>>Earl Maltz wrote:
> >>>
> >>>
> >>>
> >>>>Not a liberal? Is that under the "disagrees with the left-center
>of
> >>>>the Democratic Party five percent of the time" standard?
> >>>>
> >>>>At 09:53 AM 2/28/2005 -0700, Jeff Renz wrote:
> >>>>
> >>>>
> >>>>
> >>>>>Bob makes the point.  We should also remember that
> >>>Marshall served in
> >>>
> >>>
> >>>>>the Continental Army and much of his philosophy, like many of the
>
> >>>>>Federalists who were Continental Army vets, was formed by that
>experience.
> >>>>>
> >>>>>Rick has me curious about Abbott.  I don't think that a disabilty
> >>>>>necessarily means complete life experience qualification.  J.
>Ginsburg
> >>>>>may have led the ACLU Women's Rights Project, but I don't count
>her as
> >>>>>a liberal.
> >>>>>
> >>>>>Jeff
> >>>>>_______________________________________________
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> >>
> >
> >
> >
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>
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