doughr at udallas.edu
Tue Nov 1 09:26:51 PST 2005
Why is it that talk of a conservative court brings to mind Pauline Kael's reported comment on Nixon: "Nobody I knew voted for him"? Earl is right to address particular issues here; we might ask what would consitute a liberal court, and then we would have a
baseline from which to begin analysis.
Mark Graber has hit the nail on the head in terms of the limitations of attitudinal models and databases for this kind of analysis (though I'm not sure we're better off with them...).
Earl Maltz wrote:
> Both Clayton Cornell and Elizabeth Dale have asserted that we have a
> "conservative" Court. I suppose the question is, compared to what? I will
> grant that a majority of the justices on the Court were appointed by
> conservative Presidents (although, in reality, George Bush the first had no
> discernible ideology on domestic issues). But consider the actual holdings
> of the Court on the constitutional issues that are of importance to the
> liberal academic establishment:
> a) GLBT rights--more protective than any Court in history.
> b) Women's rights--as protective as any Court in history.(with the
> exception of Nguyen, which is a special case)
> c) Abortion rights--for all intents and purposes, remain intact
> d) Religious observances in public schools--unremittingly hostile
> (although, admittedly, on aid to private schools, Barry Lynn and his
> minions are no doubt upset).
> e) Capital Punishment--more hostile than any Court in history
> f) Immigrant rights--more protective than any Court in history.
> e) Property rights--protected only at the margins (see Kelo).
> f) Federalism--Admittedly imposes significant new constraints on federal
> government authority to regulate state governments, but leaves feds free to
> regulate any private activity that is even plausibly economic.
> This is not a list that pleases anyone that I know show describes himself
> as consistently "conservative."
> To post, send message to Conlawprof at lists.ucla.edu
> To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/conlawprof
> Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
More information about the Conlawprof