2006-09-30 05:32:47 · 8 answers · asked by dogbreath 3 in Politics & Government ➔ Law & Ethics
Truth be told they should be neither liberal, nor conservative. They should be making decisions based on law, fact, science and precedent.
That we even ask this question is an indication that the process of nominating judges is fundamentally flawed.
2006-09-30 05:41:55 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Though judges aren't supposed to be political, there are various ways they analyze cases and suggest whether or not they do liberal or conservative analysis. The types of analysis include:
strict construction- literal interpretation
loos construction- liberal interpretation
original intent- as the framers would have interpreted
rational basis test- ask if the legislature had a rational basis for creating the law
balancing test
strict scrutiny- court turns maximum skepticism on the law in question and starts with the presumption against the law, working back to check its validity
penumbra test: used only once to establish the right to privacy.
The majority of this court (though this may change) goes with strict construction, original intent and rational basis most of the time. You decided what you think is liberal or conservative.
2006-09-30 06:20:12 · answer #2 · answered by Eri T 2 · 0⤊ 0⤋
It is far too left leaning still. My chief example is the Kelo decision, as the ruling reads the government has the right to confiscate your property if they think they can get more in taxes from someone else owning the land.
Actually I do not think that is liberal, I think it is an abomination.
I have yet to hear someone defend this decision, someone tell me.
2006-09-30 05:54:39 · answer #3 · answered by Anonymous · 0⤊ 0⤋
it's not supposed to be about one's politics; it's supposed to be about setting those aside to follow the words of the constitution. Liberals and conservatives have both been guilty of using the courts to put their agendas ahead of the constitution.
2006-09-30 05:38:35 · answer #4 · answered by kent_shakespear 7 · 0⤊ 0⤋
Hmmmm, I'm thinking to liberal still
2006-09-30 05:38:50 · answer #5 · answered by nbr660 6 · 0⤊ 0⤋
I think they are a bunch of old men and women who were once lawers and know how to lie just like everyone else
2006-09-30 05:35:45 · answer #6 · answered by Star 4 · 0⤊ 0⤋
we've finally got it back into balance. It was way too liberal leaning.
2006-09-30 05:35:58 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It's just right 'cause it's fairly balanced.
2006-09-30 05:36:57 · answer #8 · answered by Walter Ridgeley 5 · 0⤊ 0⤋