Did O'Connor become more liberal

earl maltz emaltz at camden.rutgers.edu
Mon Feb 26 07:24:34 PST 2007


Given her dissent in Raich,  I don't see how one can plausibly claim that 
O'Connor moved left on federalism-related issues.

As to Kennedy, I've always believed that his voting pattern reflects a 
desire to be loved by the Washington establishment.  His jurisprudence is 
basically that of the liberal wing of the Episcopal Church (even though he 
is a Catholic).

At 08:56 AM 2/26/2007 -0600, Samuel Bagenstos wrote:
>Okay, but is this a *move* to the left?  That is, did Justice Kennedy
>ever take a more conservative position on the issues in Lopez (whose
>majority opinion he, after all, joined) and Term Limits?  Justice
>Kennedy joined the majority in Printz a couple of years later, even
>though his colleague in the New York majority, Justice Souter, moved to
>the dissenting side in that case.  If anyone, it's Justice Souter who
>moved left on federalism.
>
>Samuel R. Bagenstos
>Professor of Law
>Washington University Law School
>One Brookings Drive, Box 1120
>St. Louis, MO  63130
>(314) 935-9097 (voice)
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>
>Personal web page:  http://law.wustl.edu/Faculty/index.asp?id=198
>Disability law blog:  http://disabilitylaw.blogspot.com/
>
>-----Original Message-----
>From: conlawprof-bounces at lists.ucla.edu
>[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Eric Segall
>Sent: Monday, February 26, 2007 8:37 AM
>To: earl maltz; conlawprof at lists.ucla.edu
>Subject: Re: Did O'Connor become more liberal
>
>I always thought Kennedy also moved to the left for that reason, though
>I have no hard evidence. Kennedy's vote in Term Limits, and his separate
>concurrence (which O'Connor joined) in Lopez seem like responses to
>Thomas.
>
> >>> earl maltz <emaltz at camden.rutgers.edu> 2/26/2007 9:29 AM >>>
>I was watching an interview with Jan Greenburg about her new book on
>the
>Supreme Court, and she seemed to suggest that Sandra Day O'Connor moved
>to
>the left in response to the appointment of Clarence Thomas.  Other than
>the
>change in her position on gay right (which I think  reflects other
>forces),
>is there any evidence to support this view?
>
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