Comments on: On Conservative and Liberal Labels http://www.concurringopinions.com/archives/2006/01/on_conservative.html The Law, the Universe, and Everything Tue, 14 Feb 2012 05:18:12 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: SCOTUSblog http://www.concurringopinions.com/archives/2006/01/on_conservative.html/comment-page-1#comment-60728 SCOTUSblog Wed, 25 Jan 2006 19:10:08 +0000 http://www.solove.org/archives/2006/01/on-conservative-and-liberal-labels.html#comment-60728 <strong>Blog Round-Up - Wednesday, January 25th</strong> On Alito: Law Dork has this post on "What Alito Means to the Left." Here is the National Jewish Democrat Council's blog with their statement against Alito. ACS Blog has this post on state's seeking to challenge Roe once Alito... Blog Round-Up – Wednesday, January 25th

On Alito: Law Dork has this post on “What Alito Means to the Left.” Here is the National Jewish Democrat Council’s blog with their statement against Alito. ACS Blog has this post on state’s seeking to challenge Roe once Alito…

]]> By: Simon http://www.concurringopinions.com/archives/2006/01/on_conservative.html/comment-page-1#comment-60727 Simon Wed, 25 Jan 2006 18:38:27 +0000 http://www.solove.org/archives/2006/01/on-conservative-and-liberal-labels.html#comment-60727 Isn't the task even more complicated than that, because the same terms that are used to describe results - "conservative", "liberal" - are also often applied to methodology? One hears criticism from the left that Justice Thomas is not a "conservative" jurist in the "true" sense of the term, because he is "radical" in seeking to give effect to the original understanding; likewise, one often differentiates "strict" construction with "liberal" construction. This is perhaps most aptly demonstrated by <i>Kyllo</i> - was <i>Kyllo</i> a conservative decision because it was reached through a conservative methodology, or a liberal decision because it reached a conclusion antithetical to conservative social views? Isn’t the task even more complicated than that, because the same terms that are used to describe results – “conservative”, “liberal” – are also often applied to methodology? One hears criticism from the left that Justice Thomas is not a “conservative” jurist in the “true” sense of the term, because he is “radical” in seeking to give effect to the original understanding; likewise, one often differentiates “strict” construction with “liberal” construction.

This is perhaps most aptly demonstrated by Kyllo – was Kyllo a conservative decision because it was reached through a conservative methodology, or a liberal decision because it reached a conclusion antithetical to conservative social views?

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