Interesting. Of course it is not true that we have a conservative Supreme Court. That cannot be said so long as Anthony Kennedy holds sway.
My problem with libertarians is their support of judicial activism on issues like abortion and gay marriage. If it came down to a choice between a court that is restrained, even in the face of violations against genuine rights (like gun possession and free speech) versus a court that is ‘activist’ (sometimes for the good, sometimes for the bad), then I’d choose a restrained court. Of couse, we’ll have neither for long, as we are a Scalia or Kennedy retirement away from a full-blown leftwing activist Sup Court.
We lost our last chance at decisively righting the court with the GOP imposion of 2006-08 and the the election of Obama.
Most libertarians would argue that the federal government has no real business defining what marriage is in the first place, either for tax collection purposes, census or any other reason. It’s up to the various faiths to define and individual states to regulate what institutions of marriage or union they recognize or reject.
And many libertarians also believe that life is the first right: http://l4l.org/ A movement I hope to see grow.
Overturning cases that grossly misinterpret the constitution is not activism. It’s going to take quite a bit of that to get to a conservative interpretation of the Consitution.