Comments on: The Supreme Court shifting right?

By: Emily Belz

Emily Belz — Thu, 02 Jul 2009 13:37:03 +0000

#3 You’re right that it’s a little misleading to label the justices “left” or “right” because they are more defined by their judicial philosophy – I believe the article addresses that issue.

But it is true that when you look at the court’s opinions, the “liberal” justices and “conservative” justices are typically divided.

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By: NJLawyer

NJLawyer — Thu, 02 Jul 2009 00:34:33 +0000

Monty, you never know. Hanging around with Alito, she may actually learn something. And I’ll bet you that Ruthie will be teaching her a thing or two as well. I think she’ll shock Ruthie the most. I may not agree with Ruthie, but she knows how to put an opinion together.

So, now we have a president with no experience and soon we’ll have a justice who is biased. Way to go, huh?

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By: Peter L

Peter L — Thu, 02 Jul 2009 00:08:58 +0000

As long as the Court leans away from the “Living Document” view of the Constitution, I am all for it. When it goes back to that view (or basing decisions on European cases), I am against it, no matter who is on the bench.

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By: Xion

Xion — Wed, 01 Jul 2009 23:57:14 +0000

The court is tilting toward the CORRECT, which also means right.

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By: montyfisherwoof

montyfisherwoof — Wed, 01 Jul 2009 21:27:22 +0000

NJLawyer, I agree with you wholeheartedly.
I cannot see how the Supreme Court can have increased Dignity when it will have not only a neophite but an outspokenly racist jurist on the bench. And Sotomayor is not going to be the only Obama appointee.

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By: Herb

Herb — Wed, 01 Jul 2009 20:11:07 +0000

I note that Justice O’Connor voted with the majority in the Fireman’s Test case. Neglecting the fact that she would have had to recuse herself, Sotomayor would have voted with the minority, reversing the decision.

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By: NJLawyer

NJLawyer — Wed, 01 Jul 2009 20:00:29 +0000

Sawgunner writes: “I think we’ve seen the end of zip-lipped little Souter types quietly coming aboard the court with no thorough probing.”

I know what you are trying to say, but do you really think there will be thorough probing of Sotomayor? Really? If Alito or Roberts had been reversed four out of six cases, do you think they’d have gotten on the Court? I don’t think so.

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By: Ken

Ken — Wed, 01 Jul 2009 19:10:13 +0000

The notion that the court is tilting right betrays a fundamental misunderstanding of the role of the SCOTUS and the its judges. It doesn’t matter what a judge’s political preferences are. What does matter is whether he or she will render decisions based on what the laws and the U. S. Constitution actually says and means as can be best determined by the original understanding of those who received and acted upon it, and leave political decisions to the people and their respective legislatures, or will that judge attempt to subvert the Constitutionally defined (and constrained)process and impose their policy preference by artfully discerning penumbras and shadows in the spaces between the words that correspond with those preferences.

Left or right, capitalist or communist, libertarian or nanny state, all are irrelevant. Fidelity to the expressed and articulated words of the Constitution itself is the sole polestar for Supreme solons.

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By: JohnV

JohnV — Wed, 01 Jul 2009 18:21:14 +0000

Checks and balances at its finest.

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By: Sawgunner

Sawgunner — Wed, 01 Jul 2009 16:15:54 +0000

The old phrase was “Give me control of a nation’s currency and I care not who enacts its laws”.
I think now in America for lotsa folks it’s more like “Gimme control of the high court and I don’t care who enacts the laws since the judges can strike them down with simple 5/4 majorities”
I think we’ve seen the end of zip-lipped little Souter types quietly coming aboard the court with no thorough probing.

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