Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: JeffAtlanta
There is no way to know if a person will vote "with Thomas and Scalia" unless you have a lot of judicial rulings to analyze.

Even that won't necessarily help. A Circuit Court judge cannot overrule established SCOTUS precedents.

Once a person is on SCOTUS with a lifetime job and no further promotion ambition, and 1/9th of ultimate power, the thought process can change.

166 posted on 10/26/2005 12:51:35 PM PDT by You Dirty Rats (Lashed to the USS George W. Bush: "Damn the Torpedos, Full Miers Ahead!!")
[ Post Reply | Private Reply | To 154 | View Replies ]


To: You Dirty Rats
Even that won't necessarily help. A Circuit Court judge cannot overrule established SCOTUS precedents.

True, but he can ignore them and inject his own beliefs. Those are the ones that should be automatically eliminated from consideration.

If a person has a long term track record (10+ years) of following an originalist philosophy and deferring to supreme court precedents when applicable then the odds are good that he will continue to do so.

What is certain is that once a judicial activist, always a judicial activist. Even one that tends to lean right will not be a reliable vote and will eventually veer to the left as all activists do.

Weed out the judicial activists and any who don't have enough of a track record to make an informed judgment. Sure, this may have eliminated Rhenquist and Thomas, but they were not the only originalist or textualist judges on the planet to choose from. This would have also eliminated Souter, O'Conner, Stephens and Blackmun.

I have strong feelings that Kennedy would have also been eliminated as I doubt his record was really as stellar as we are led to believe. He was probably just a judicial activist that tended to lean to the right at that time.

172 posted on 10/26/2005 12:58:46 PM PDT by JeffAtlanta
[ Post Reply | Private Reply | To 166 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson