Alito, libertarianism, and conservatism

[DavidEBernstein at aol.com]

I think there was a time when libertarians were more sympathetic with the  
left as represented by, say, Brennan, than with the right as represented by,  
say, Rehnquist.  But libertarians have noted the votes on the most hot  button 
libertarian issues before the Court in the last decade or so: Not a  single 
vote from the left part of the court in Kelo (and other property rights  cases), 
Raich (and other federalism cases), US Term Limits, Dale, Grutter,  campaign 
finance, etc.  Not all, but the vast majority of libertarians  agree with the 
conservative bloc in those cases.  The major countervailing  case is Lawrence, 
and I suppose also the internet "porn" cases, but my  impression is that, say, 
the average Reason magazine reader is sufficiently  disgusted with Raich and 
Kelo in particular that their preference in the  Brennan/Rehnquist spectrum 
has shifted, though he or she is not happy with  either.
 
David E.  Bernstein
Visiting Professor
University of Michigan School of  Law
Professor
George Mason University School of  Law
http://mason.gmu.edu/~dbernste
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