Do you have a list of strict constructionsists, somewhat youngish ones that will last awhile (50 years or so)?
Try Jerry Smith, appointed by Reagan to the 5th Circuit in 1988 at the age of 41.
(QUESTIONER:)" In a span of just over two months in 1996, you issued two blockbuster opinions: Hopwood v. Texas, 78 F.3d 932 (5th Cir. 1996) (holding that the University of Texas Law School could not use racial preferences in deciding which students to admit); and Castano v. American Tobacco Co., 84 F.3d 734 (5th Cir. 1996) (decertifying the largest class action ever attempted in federal court). What single opinion of yours -- majority, concurring, dissenting, or other -- do you find to be the most memorable?
(ANSWER BY JERRY SMITH:) Hopwood.
(QUESTIONER) How do you define the term "judicial activism," and is it ever proper for a federal appellate judge to consider his or her personal preference as to the outcome of a case (other than the preference to decide the case correctly in accordance with the law) in deciding how to rule?
ANSWER BY JERRY SMITH) Judicial activism could mean many things, but primarily it is the substitution of the court's view for the policymaker's view, in cases where the decision properly should rest with the policymaker, or substituting the court's view for what the Constitution says, where a constitutional provision is at stake. A judge should not consider his or her personal preference as to outcome, any more than an umpire should call balls and strikes based on which team is his or her favorite. "