[lbo-talk] Obama to move SC to the right

c b cb31450 at gmail.com
Tue May 11 09:52:30 PDT 2010


Well, here we go again. The idea that Stevens is a big left/Warren Court liberal (as opposed to old time or neo-liberal) is funny. He started out as part of the Burger court gang who developed the pernicious reverse discrimination doctrine in _Bakke_. He voted to reinstate capital punishment overturning the Warren Court's success in rendering it unconstitutional. Oh and so he has kind of switched since. Guess what : he hasn't made up for his early stuff, and he doesn't have some legendary liberal shoes to fill. That that's being said is just an indication of how far right SC had moved in the Burger-Rehnquist-Roberts regimes. The 14th Amendment equal protection clause has been completely perverted into a tool for racism, for example.

The claim that Kagan is just definitely going to be to the right ("slightly" yet) of Stevens is "overreaching predicting";and premised on the joke that Stevens is a liberal. Sotomeyor does not "move the SC to the right" as compared to Souter. Not to mention they are both women. The main left concern about the Court recently has been whether _Roe v Wade_ would be overturned. Obama is sure bringing in the troops into the breech to defend that. Kagan's one big public political action seems to be standing up to the military on "don't-ask-don't-tell", which would seem to make her a good candidate to be an LBO-talk leftist. Sotomeyor is the first _Hispanic_ justice in the history of the SC. Hell -fucking -lo

This straining to characterize everything Obama does as "right" is way past ridiculous.

Clarence Darrow

Here's Stevens "left-liberal" jurisprudence.

http://en.wikipedia.org/wiki/John_Paul_Stevens Judicial philosophy On the Seventh Circuit Court of Appeals, John Paul Stevens had a moderately conservative record. Early in his tenure on the Supreme Court, Stevens had a relatively moderate voting record. He voted to reinstate capital punishment in the United States and opposed race-based admissions programs such as the program at issue in Regents of the University of California v. Bakke, 438 U.S. 265 (1978). But on the more conservative Rehnquist Court, Stevens joined the more liberal Justices on issues such as abortion rights, gay rights and federalism. His Segal–Cover score, a measure of the perceived liberalism/conservatism of Court members when they joined the Court, places him squarely in the ideological center of the Court. However, a 2003 statistical analysis of Supreme Court voting patterns found Stevens the most liberal member of the Court.[19][20]

Stevens's jurisprudence has usually been characterized as idiosyncratic ( i.e. individualistic -CB) . Stevens, unlike most justices, usually writes the first drafts of his opinions himself and reviews petitions for certiorari within his chambers instead of having his law clerks participate as part of the cert pool. He is not an originalist (such as fellow Justice Antonin Scalia) nor a pragmatist (such as Judge Richard Posner), nor does he pronounce himself a cautious liberal (such as Justice Ruth Bader Ginsburg). He has been considered part of the liberal bloc of the court since the mid-1980s and he has been dubbed the "Chief Justice of the Liberal Supreme Court",[21][22] though he publicly called himself a judicial conservative in 2007.[23][24]

In 1985's Cleburne v. Cleburne Living Center, 473 U.S. 432 (1985), Stevens argued against the Supreme Court's famous "strict scrutiny" doctrine for laws involving "suspect classifications," putting forth the view that all classifications should be evaluated on the basis of the "rational basis" test as to whether they could have been enacted by an "impartial legislature". In Burnham v. Superior Court of California, 495 U.S. 604 (1990), Stevens demonstrated his independence with a characteristically pithy concurrence.

Stevens was once an impassioned critic of affirmative action; in addition to the aforementioned 1978 decision in Bakke, he dissented in the case of Fullilove v. Klutznick, 448 U.S. 448 (1980), which upheld a minority set-aside program. He shifted his position ( too late ; the damage was already done by his earlier votes -CB) over the years and voted to uphold the affirmative action program at the University of Michigan Law School challenged in 2003's Grutter v. Bollinger, 539 U.S. 306 (2003).

Stevens wrote the majority opinion in Hamdan v. Rumsfeld in 2006, in which he held that certain military commissions had been improperly constituted.



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