Did O'Connor become more liberal

Chambers, Hank hchamber at richmond.edu
Mon Feb 26 07:46:57 PST 2007


Hello all - 

I am not particularly offended by references to the Episcopal Church.
However, unless folks are ready to discuss seriously the positions of
various wings of the Episcopal Church and how they relate to left-right
issues in politics and law, the references to the Episcopal Church seem
gratuitous.  The characterizations also do not strike me as altogether
accurate.    

-Hank  

Henry L. Chambers, Jr., Professor of Law
University of Richmond School of Law
28 Westhampton Way
Richmond, VA 23173
804-289-8199

-----Original Message-----
From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Frank Cross
Sent: Monday, February 26, 2007 10:30 AM
To: earl maltz; Samuel Bagenstos; Eric Segall; conlawprof at lists.ucla.edu
Subject: RE: Did O'Connor become more liberal


Re Kennedy, he votes conservative more often than he votes liberal.  As
I 
understand it the liberal wing of the Episcopal Church is pretty far
left

At 09:24 AM 2/26/2007, earl maltz wrote:
>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)
>>(314) 935-5356 (fax)
>>
>>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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>
>_______________________________________________
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>Please note that messages sent to this large list cannot be viewed as 
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**********************************************************

Frank Cross
McCombs School of Business
The University of Texas at Austin
1 University Station B6000
Austin, TX 78712-1178
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