what does the right REALLY think of Roberts?

RJLipkin at aol.com RJLipkin at aol.com
Tue Jul 26 06:43:03 PDT 2005


 
 
In a message dated 7/25/2005 11:21:17 PM Eastern Standard Time,  
nebraskalawprof at yahoo.com writes:

am a  libertarian/social conservative (I like the liberties that are 
expressed in  the Constitution, the ones I have trouble with are the deadly ones  the 
liberals on the Court have  invented), 


How in the world can  a libertarian be a social conservative?  Similarly, how 
can a libertarian  fault rights because they are allegedly "invented" by 
courts?  Should any  self-respecting libertarian reject "rights" only if they are 
not part of natural  law or whatever he or she deems the correct political 
theory of rights? And  isn't the role of the courts in determining the correct 
set of rights completely  irrelevant to rights embraced by libertarian theory? 
In other words, one  would think that a libertarian--even a constitutional 
libertarian--wouldn't care  a bit about whether courts "invented" rights just so 
long as normative political  theory embraces those rights?
 
Bobby
 
Robert Justin  Lipkin
Professor of Law
Widener University School of  Law
Delaware
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