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The Souter Factor: What makes tough conservative justices go soft?
Slate ^ | 8/3/05 | Dahlia Lithwick

Posted on 08/04/2005 1:35:32 PM PDT by ZGuy

Here they are, for Roberts' watchers to consider:

1. The Greenhouse Effect "The Greenhouse Effect" is the name of a phenomenon popularized by D.C. Appeals Court Judge Laurence Silberman referring to federal judges whose rulings are guided solely by their need for adulation from legal reporters such as Linda Greenhouse of the New York Times.

2. Mean ol' Nino This theory holds generally that justices tweak their philosophies and ideologies in response to each other; and specifically, that Antonin Scalia and (to a lesser degree) Clarence Thomas have managed to drive once stalwart conservatives into the arms of the court's lefties.

3. "Seeing the Light" This theory, a favorite of liberals, hinges on the claim that jurists eventually drift leftward because they become increasingly compassionate/sensitive/wise with age, and that each of these values is a fundamentally liberal one.

4. The Boys in the Bubble The argument is that Souter had so little "real-life" experience prior to his confirmation that he only developed his jurisprudential views after donning the black robe.

5. The Law Is a Moderate Mistress This theory holds that there is something inherently moderating about the law itself; that the traditions and pace of the legal system tend to foster centrism and moderation. The "drifters" of the Supreme Court world—the Kennedys and O'Connors—are not so much evolving toward the left, therefore, as they are evolving toward the center.

(Excerpt) Read more at slate.msn.com ...


TOPICS: Government
KEYWORDS: potomacfever; scotus
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1 posted on 08/04/2005 1:35:33 PM PDT by ZGuy
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To: ZGuy

6. Thinking about Helen Thomas.


2 posted on 08/04/2005 1:37:03 PM PDT by F16Fighter
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To: ZGuy
I wasn't aware Souter was a "tough" conservative before he was nominated. In fact, I don't recall much of a conservative track record at all, unlike Roberts.
3 posted on 08/04/2005 1:40:06 PM PDT by colorado tanker (The People Have Spoken)
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To: F16Fighter
#7
4 posted on 08/04/2005 1:41:27 PM PDT by Hand em their arse
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To: ZGuy

They are corrupted by a corrupt system. Next question.


5 posted on 08/04/2005 1:42:22 PM PDT by T'wit (If any liberals get to Heaven, they'll lecture God on what's wrong with it and reform it all to Hell)
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To: Hand em their arse

Oh, PUKE!


6 posted on 08/04/2005 1:43:10 PM PDT by T'wit (If any liberals get to Heaven, they'll lecture God on what's wrong with it and reform it all to Hell)
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To: ZGuy

#1 and #5.


7 posted on 08/04/2005 1:44:07 PM PDT by gopwinsin04
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To: Hand em their arse

Having that picture around is a good way to lose weight.


8 posted on 08/04/2005 1:44:41 PM PDT by Republican Wildcat
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To: ZGuy

It's #1.


9 posted on 08/04/2005 1:45:19 PM PDT by Republican Wildcat
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To: ZGuy

I think the answer is a lot simpler. Sununu and Packman(sp?) lied to Bush. Souter was always a POS.


10 posted on 08/04/2005 1:45:40 PM PDT by Founding Father (one of a bevy of white supremacists, JDLers and John Birchers from San Joaquin)
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To: colorado tanker
Souter was Attorney General in the State of New Hampshire. He served under a very very conservative governor. Souter followed the governor's orders and hence was thought to be a conservative.

meanwhile David Hackett Souter was also on the board of two hospitals that performed abortions and was close to the uber-RINO mayor of Cranston and his wife.

One could say Souter was acting conservative from 9-5 and that's about it. He was always a Dr. Jeckyll and Mr. Hyde kind of guy. Funny thing about lifetime appointments - you no longer have to act anymore.

11 posted on 08/04/2005 1:46:26 PM PDT by NeoCaveman (Are you now, or have you ever been a member of the Federalist Society?)
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To: ZGuy

Souter had more rulings than Roberts when he was nominated.

But, Roberts is different.

He is a Washington insider. He won't be trying to gain favor with people or be swayed by the Washington circles.

He has political service. His views are formed.

He knows the court and is very persuasive. He won't be weak and buckle to folks like Kennedy.


12 posted on 08/04/2005 1:46:36 PM PDT by rwfromkansas (http://www.xanga.com/home.aspx?user=rwfromkansas)
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To: ZGuy

Living in DC causes them to become drunk with entitlement and prestige. When you are constantly catered to, it blindly contaminates your pride. You become prideful without knowing it. When you start to go to the same cocktail parties with the people that are your intellectual opposites the lines become blured. Now you have your answer.


13 posted on 08/04/2005 1:46:39 PM PDT by Walkingfeather
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To: Founding Father

Packwood?? Pac-Man??


14 posted on 08/04/2005 1:47:50 PM PDT by cotton1706
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To: F16Fighter

7. Seeking approbation and approval (cutsie smiles and blinking eyes) from Katie Couric.


15 posted on 08/04/2005 1:48:04 PM PDT by Grateful One (`)
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To: cotton1706

Packwood is the winner, I couldn't remember the name. Thanks.


16 posted on 08/04/2005 1:51:08 PM PDT by Founding Father (one of a bevy of white supremacists, JDLers and John Birchers from San Joaquin)
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To: ZGuy

SLATE'S rationale for Republican appointed left leaning SCOTUS justices is nonsense.
Weak-kneed conservative presidents who nominate judges with no substantial conservative track record are to blame. They have not honed their judicial skills on the marrow of the Constitution. This makes them easy pickings for a massive liberal juggernaut.
The current nominee is no exception.


17 posted on 08/04/2005 1:51:53 PM PDT by Louis Foxwell (LIAR, LIAR, PANTS ON FIRE)
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To: dubyaismypresident
Thanks for the information. My impression has always been that Sununu and Rudman sold Bush on Souter being a conservative, when he was not.
18 posted on 08/04/2005 1:55:48 PM PDT by colorado tanker (The People Have Spoken)
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To: colorado tanker
My impression has always been that Sununu and Rudman sold Bush on Souter being a conservative, when he was not.

They did. I blame Rudman more than Sununu but that is pure speculation on my part.

19 posted on 08/04/2005 1:59:06 PM PDT by NeoCaveman (Are you now, or have you ever been a member of the Federalist Society?)
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To: T'wit

Must be the corruption of the system.
Can you think of a case where a LIBERAL SC Judge who got more CONSERVATIVE after getting confirmed?
I can't.


20 posted on 08/04/2005 1:59:20 PM PDT by Riverman94610
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