What's Too Conservative? (justifying a filibuster of a Judge)

[papau]

I liked the 4 GOP thoughts: (1) He is not very conservative; (2) no one knows how conservative he is, and no one is going to find out, because discussing his views in any detail would involve "prejudging" future issues before the court; (3) it doesn't matter whether he is conservative -- even raising the question "politicizes" what ought to be a nonpartisan search for judicial excellence; and (4) sure he's conservative. Very conservative. Who won the election? - Wonder if the Sunday talking heads will get a good laugh from Kinsley's listing them out? But I disagree that a filibuster "will backfire unless people are convinced that it is saving them from something really bad." :-)


http://www.washingtonpost.com/wp-dyn/content/article/2005/11/03/AR2005110301739.html


What's Too Conservative?

By Michael Kinsley

Friday, November 4, 2005; Page A23

<snip>First, conservatism can mean a deep respect for precedent and a reluctance to reverse established doctrines. All judges are supposed to be bound by precedent, and it's a bit of a mystery when and why they feel empowered to change course. But this meaning of conservatism is mainly advanced by liberals, who like the idea that conservatism itself will stay the hand of conservative judges in reversing great liberal precedents.<snip>

Second, a conservative can mean someone who reads the Constitution narrowly and is reluctant to overrule the elected branches of government.

Republicans have been waving this flag for decades, reverencing "strict constructionism" and the Framers' "original intent" while condemning "activist" judges who "legislate from the bench." It's not just that the conservative theory of constitutional interpretation is better than the liberal theory. It's that conservative judges have a theory, while liberal judges are just on an unprincipled power grab. This conceit is what allows Bush to insist that he does not impose any ideological litmus test on judges, as long as they agree with him.<snip>

The third meaning of conservative as applied to judges is a conservative judicial activist: someone who uses the power of the courts to impose conservative policies, with or without the benefit of a guiding philosophy.<snip>