Monday, July 2, 2012

The Corner - National Review Online

The Corner - National Review Online: "Roberts, who wanted to cement his reputation as a sober and judicious jurist, through his Hamlet-like deliberations ended up seeming incoherent, tentative, and unsure of himself. And if it’s true that rumors of Roberts reconsidering his vote swirled in Washington prior to the final outcome, and that such perceptions of hesitation prompted renewed venom and pressure — from not just the media, but from those such as Senator Leahy (who had voted to confirm Roberts) on the floors of Congress, and the president himself (who attacked the Court even earlier in his State of the Union address) — then the Court comes off as far more suspect after the opinion than before. Everything Roberts wished to prevent he ensured."

'via Blog this'

Liberals tend to attribute political motives to conservative judges when they vote. I've always though this was wrong--that the conservative justices really do care about following the constitution as they understand it. I can point to a number of judicial opinions by Scalia that show he voted the opposite way you would presume he would vote if he was simply voting his political preferences.

But then this case comes along and confirms that, at least in some cases, the justices really do vote based on their politics or outcome preferences.

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