The 'Judicial Philosophy' Dodge
Why opposing 'activist judges' isn't as straightforward as you'd think.
Stephen L. Carter | posted 1/01/2006 12:00AM

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