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November 25, 2009
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Home > 2006 > JanuaryChristianity Today, January, 2006  |   |  
The 'Judicial Philosophy' Dodge
Why opposing 'activist judges' isn't as straightforward as you'd think.




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So why do conservatives tend to exalt one case and liberals the other? Because too often we are concerned primarily with the result, not the philosophy that produced the result.

The modern conservative critique of the work of the Supreme Court is, at its best, an argument about how, not what, the Court should decide. Columnist George Will and the editorial page of the Wall Street Journal have both recently said that justices should be chosen because of a respect for the methodology they are likely to follow in deciding cases—not because we think we know in advance how they are likely to vote.

During President Bush's disastrous effort last fall to elevate White House counsel Harriet Miers to the Supreme Court, many of her conservative opponents objected that they could not see in her background a commitment to overturn Roe v. Wade. Maybe not. But a position on a single case is not a philosophy.



Related Elsewhere:

Our full coverage on the Supreme Court vacancies is collected online.

Recent CT articles on the Supreme Court include:

Justice for Life? | "Of course he's against abortion," says Alito's mom. But Roe is expected to stand—and some say that shouldn't be the focus anyway. (Nov. 4, 2005)
Alito Nomination Pleases Christian Conservatives | Supporters cite judge's credentials and decisions on religious expression. (Nov. 2, 2005)
Miers Withdrawal Shows Split Among Religious Conservatives | High-profile cases underscore stakes for next nominee. (Oct. 27, 2005)
What If They Threw a Judicial Confirmation Battle and Nobody Came? | Though Roberts nomination looks certain, groups say they'll spend resources on the debate—and set the stage for the next one. (Aug. 8, 2005)
In Perspective
Where Does Feminists for Life Fit in the Pro-life Community? | Group brings unique niche strategy to the movement. (July 29, 2005)

Recent Christianity Today columns by Stephen L. Carter include:

Evolution, Not Revolution | Christians need to lower their Supreme Court expectations. (Nov. 1, 2005)
Sticker Shock | When a judge violated the church-state peace treaty. (March 02, 2005)
Politics for Adults | A Supreme Court justice showed us how to "do business" with opponents. (Jan. 12, 2005)
Defending Our Neighbor | Can we start a war to protect others? (Nov. 10, 2004)
Loving Military Enemies | War does not exempt Christians from the second-greatest commandment. (Sept. 07, 2004)
Hope Deferred | Christians are uniquely positioned to further racial equality. (June 29, 2004)
A Politics of Gratitude | Stop whining, count your blessings, and love your global neighbors. (March 08, 2004)
Sports Mobs and Manners | There's a difference between cheering the home team and being boorish. (Aug. 25, 2003)
Roe vs. Judicial Sense | Forget briefly its immorality—it's just bad law (July 1, 2003)
Willing to Lose | By voting we place our hope in the next world. (March 4, 2003)
Virtue via Vouchers | The Supreme Court's recent decision can help prevent more corporate scandals. (Dec. 4, 2002)
Remedial History | The educational establishment seems confused about our spiritual heritage. (July 10, 2002)
Uncle Sam Is Not Your Dad | The separation of church and state protects families too. (March 22, 2002)
A Quiet Compromise | Why a moment of silence is better than school prayer. (Feb. 25, 2002)
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