Can you please explain to be what exactly a "liberal" judge is?

Question

Other than a judge who thinks the constitution actually protects citizens from unfettered governemnt intervention in their lives?

Answer 1

A "liberal" or "activist" judge is someone interprets the law to the best of his/her own ability and is then branded by republicans who don't like it when people try and take away their power

Answer 2

I believe that conservatives consider a 'liberal' judge to be one who adds policy to his rulings rather than ruling directly from the literal words of the Constitution. During the Supreme Court Judge Nomination hearings, that came up a lot. Conservatives didn't want a judge who 'legislates from the bench', i.e. invents new laws into their rulings rather than strictly interpreting the Constitution. I feel this point is mute, because hello the Constitution is a BASIS of government, not the literal government, and society has sure changed a lot from the days of its authoring. Supreme Court Judge Clarence Thomas is a good example of a judge who believes the literal interpretation of the Constitution.
I am a liberal Democrat by the way, I tried to answer this as objectively as possible. And look, I didn't bash any Republicans in my answer. Amazing! Maybe some of you can learn from that :)

Answer 3

The term liberal judge is applied to those jurists who see the Constitution and the laws flowing from it as infinitely mutable. In the conservative view, the Constitution is "black-letter law" meaning simply, the law is what was written. In liberal interpretation, the law "evolves." Problem with the concept of evolving law is that the laws as written by the legislature --whose job it is to make law, not the judiciary-- become meaningless. The often heard argument in favor of this is that times have changed, and the Constitution should too. The conservatiive objection to this is that there is a mechanism to change the Constitution; it's called amendment, and it is also in the hands of the legislature. Judges who are considered to be liberal, unhappy with the their elitist perceived failure of the legislature (which is elected, by the way, and subject to the voters, unlike appointed for life jurists) simply bypass the democratic process and create new law by judicial fiat. Another judicial bias that is perceived to be liberal is the creation of the "Nanny State," a condition in which the laws rarely hold anyone accountable as individual, and to award group rather than individual rights. The Founders definitely did not have that in mind, hence the "balance of powers." A concept that died during FDR's first administration.

Answer 4

We the people in order to live our lives peacefully respectfully refuse to engage in dialog that labels certain people or things. The only result from actions as such only increase the possibilities for a united country to become bitter and divided. What good is there in calling such as those who know first hand that such action is just a step towards further hostility. When the community addresses modern"name calling" the sticks will no longer break the bones and the rocks can be used as the foundation for a new understanding!!!!

Answer 5

It used to be said that a liberal judge is one who is not a literalist with respect to written law. But now right wing judges seem to bend the law just as much to favor the President and his power, and to help the wealthiest 1/10 of 1% of the population.

Long story.

Answer 6

Good example is Earl Warren appointed to court by Eisenhower Warren was seen at that time as Conservative judge. In 1954 the court 9-0 rule in Brown case in segregation of public schools. Warre looked at the constitution and overturned case of 1898 rule segregation was LEGAL as long as it was separate but equal. It was separate but never equal.

The Warren court was known for its liberal interpretation.
Eisenhower later remarked his appointment of Warren was the worse mistake he made.

I for one applaud Warren and the court.

Answer 7

In current US terminology, 'liberal' judges are liberal with their interpretations of the Constitution. Considering the Constitution's points were well documented and explained by the people who wrote it, it really isn't open to interpretation. It is a contract, not a malleable mush that can be shaped as times change.

'Liberal' judges are the ones who decided that *bingo* desegregation meant they had to force integration by bussing students into distant schools in areas where the people were of a different color - it was the courts that forced bussing, not the legislature!

They decided that *magically* women had a 'right' to abort their unborn child. They decided that local governments could take your property and give it to someone else, your 4th amendment rights be damned. They have allowed serious erosions of our 1st and 2nd amendment rights. In MA, they even decided that homosexuals have a right to marry. 4 people deciding public policy - that is tyranny by any other name.

A liberal judge will allow schools to punish children for practicing their religious freedom - for even mentioning God in graduation speeches!

A Federalist Society judge would follow the Constitution, and the limitations thereof. His rulings will be based on the freedoms and liberties and freedom from government interference that was the original intent of the document.

Answer 8

well personally, in his/her personal life s/he can be a liberal

But when he/she is sitting at the bench he should have no bias liberal or conservative, he/she is supposed to judge soley on what is against the law (or not) and if something is constitutional or not....

However we all know this is not the way it happens.....

Answer 9

A judge who rules in ways that conservatives don't like.

Answer 10

A liberal judge is one who strikes down every conservative law he sees, in the name of the Constitution, and provides an utterly contrived, phony explanation. But such a judge upholds every liberal law he sees, providing utterly contrived, phony explanations. (Think of William O. Douglas and William Brennan.)

And, yes, a conservative judge is one who strikes down every liberal law he sees and upholds every conservative law. (Think of James McReynolds and Pierce Butler (I know, I know, "Who???"))

And then there are moderate judges, who strike down every law of the land, turning us into a lawless society. (Think of Sandra Day O'Connor and Anthony Kennedy.)