http://www.concurringopinions.com/archives/2009/05/quarterbacks-and-justices.html The Law, the Universe, and Everything Tue, 14 Feb 2012 13:59:42 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://www.concurringopinions.com/archives/2009/05/quarterbacks-and-justices.html/comment-page-1#comment-63385 Howard Wasserman Wed, 13 May 2009 19:24:45 +0000 http://www.concurringopinions.com/?p=15551#comment-63385 Within the past few years (maybe around the time of the election or maybe back during the Roberts/Alito confirmations), Jack Balkin wrote that one of the things that happens is that the major issues shift over the course of a justice's career on the court. So a clearly reliable judicial ally on the issues of the day may not be so when the key issues change. Balkin used Frankfurter as the example--Frankfurter was appointed as a reliable supporter for the New Deal who was likely to uphold federal legislation. And he was and he did. But when the core issues shift 20 years later to civil liberties, Frankfurter was no longer a "liberal" stalwart on those issues. Within the past few years (maybe around the time of the election or maybe back during the Roberts/Alito confirmations), Jack Balkin wrote that one of the things that happens is that the major issues shift over the course of a justice’s career on the court. So a clearly reliable judicial ally on the issues of the day may not be so when the key issues change. Balkin used Frankfurter as the example–Frankfurter was appointed as a reliable supporter for the New Deal who was likely to uphold federal legislation. And he was and he did. But when the core issues shift 20 years later to civil liberties, Frankfurter was no longer a “liberal” stalwart on those issues.

]]> http://www.concurringopinions.com/archives/2009/05/quarterbacks-and-justices.html/comment-page-1#comment-63381 Karl Wed, 13 May 2009 18:30:30 +0000 http://www.concurringopinions.com/?p=15551#comment-63381 If past nominations are any indications, Obama might do well to try to find a candidate he thinks will be conservative jurists and maybe even one that will overturn Roe v. Wade. This seems to have been (until recently perhaps) a sure fire way to ensure the types of justices Obama is sure to favor. (Think Souter, Kennedy, O'Connor, etc.) If past nominations are any indications, Obama might do well to try to find a candidate he thinks will be conservative jurists and maybe even one that will overturn Roe v. Wade. This seems to have been (until recently perhaps) a sure fire way to ensure the types of justices Obama is sure to favor. (Think Souter, Kennedy, O’Connor, etc.)

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