Although I certainly do not agree with it in its entirety, this op-ed, The importance of determining Alito’s brand of conservatism, is unusually sensitive to the differences amongst judicial “conservatives.” Perhaps it is a sign that these differences are starting to be more widely appreciated. Here is just a teaser from the middle:
Liberals may not agree with originalism as a judicial philosophy. Nevertheless, I contend most would prefer the principled application of the wrong philosophy to the results-oriented inconsistency that Scalia’s Raich opinion represents. Where Alito falls on this spectrum is unknown. Indeed, his opinions from the Third Circuit reveal little enthusiasm for originalism at all (although Court of Appeals work generally lends itself less to originalist analysis than it does to struggling to apply Supreme Court precedent). Certainly, Senator Schumer would better serve his constituents by probing Alito’s penchant for consistency than by lamenting Alito’s obvious differences vis a vis O’Connor.
Comments are closed.