What defines a "Conservative" or a "liberal" judge?

[lawrocket 3]

The recent threats to filibuster judges and the debate over "conservative" versus "liberal" judges got me thinking. It seems that, especially on the basis of the recent marijuana decision, what makes a judge "conservative" or "liberal" has gotten pretty murky.

For example, one would think that a conservative reactionary type would look with disdain at any law that allowed marijuana use. Yet, the only judges who dissented from the opinion were conservative justices (and the moderate O'Connor).

What does a conservative justice stand for? What about a liberal justice? How is it that we can define them as such?

My wife is hotter than your wife.

[billvon 2,434]

>How is it that we can define them as such?

I suspect most people define a conservative judge as one who is appointed by a republican (and vice versa.) The actual meanings of conservative and liberal have drifted far from their origins with political parties, to the extent that they don't have much to do with the parties any more. (i.e. are conservatives really in favor of big government?)

[PhreeZone 15]

For most people it comes down to one issue as how to define a judge. Are they Pro-life or Pro-choice. Thats the only thing that I've been able to get out of my family as to how they judge someone as liberal or conservitive.

Yesterday is history
And tomorrow is a mystery

Parachutemanuals.com

[boudy 0]

http://www.professorbainbridge.com/2004/07/the_problem_wit_1.html

Prof Bainbridge is one of the brightest, most tolerable and most consistent conservatives I know of. I have the distinction to have known him as a favorite professor - corporate law classes at Illinois. While I disagree with many of his political views, he's a great guy. (and of course way smarter than I). He did have a rather intimidating reputation for a while at Illinois, given his sharp (sometimes cutting)wit and devotion to intellectual discipline. He totally exploded his tough image before a group of us when he asked to hold my 7 week old lab pup, Buddy, in the hall one Saturday and gut-laughed as Buddy immediately gave him an exuberant face washing.)

Those looking for well-thought cogent legal/political arguments from a digestable conservative - as well interesting perspectives on number of topics (law, wine, dogs, movies, gadgets) should bookmark Prof Bainbridge's Blog.

The good prof gives his take on why Judge Posner (7th Circuit judge, professor & prolific book writer, genius) would not be a conservative's choice for the Supreme Court and outlines what constitutes "conservative" in the process.
http://www.professorbainbridge.com/2005/06/justice_posner_.html

Personally, I think Posner would be a superb choice for the Supreme Court. Despite Posner's lack of inhibition to tackle hot-button issues (not before his court), neither the vast majority of liberals nor conservatives truely understand or trust Posner's politiical views. The smartest person I've ever met clerked for Posner and was blown away by his intellect and dedication to law. But alas he probably wouldn't pass anyone's acid-test.

Despite Prof Bainbridge's view, a lot of folks consider Posner conservative. THe Becker-Posner Blog: http://www.becker-posner-blog.com/