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We know that several SC appts. by Repub. presidents became liberal but did any Dem appointees become

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CTyankee Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 09:37 AM
Original message
We know that several SC appts. by Repub. presidents became liberal but did any Dem appointees become
Conservative once they were on the Court?

Hubby and I were trying to think of any while breakfasting at the local diner. Couldn't come up with any. We could names several Republican appointees that changed: Earl Warren, Brennan, Black, Souter and others. But no Dem appointees.

Odd isn't it?
:-)
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calico1 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 09:42 AM
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1. I was thinking the same thing this morning and
couldn't think of any. Maybe farther back? I don't know.

Wasn't Stevens appointed by Ford?
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dsc Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 09:43 AM
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2. Byron White appointed by Kennedy
was liberal on civil rights issues but conservative on just about everything else. He even wrote the decision in Bowers v Hardwick upholding sodomy laws.
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RaleighNCDUer Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 10:29 AM
Response to Reply #2
4. But that was just who he was - it was not a change of position.
He was liberal in racial equality, conservative in sexual equality - and did not change from liberal to conservative in that, or any other, area.
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elocs Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 10:08 AM
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3. Yes, I was thinking about that same thing. n/t
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thevoiceofreason Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 10:35 AM
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5. Felix Frankfurter
He was an ACLU founder and was considered by many to be a radical. FDR appointedhim in the late 30's and he served until the early 60's. He became one of the most conservative voices on the Warren Court in the 50's.
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grantcart Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 10:42 AM
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6. Its not that strange really.

When lawyers become Judges they become more "constitutional" not more liberal. It simply turns out that being more constitutional in your thinking appears to be more liberal.


I have a sibling who became a rural judge after serving as prosecuting attorney for a long time. The people in his district think he is a liberal Democrat because he is always throwing out cases. The fact is that the new prosecutor is very lazy and makes lots of mistakes, for example not including the location of the offense in testimony. He also knows the tricks of the police to get around the law, and he knows that they don't have to take shortcuts to get a good case. For example there was an illegal speed trap in his county and he brought legal action to end it.

He still is very conservative politically. A devout Catholic he is strongly against abortion. However as a judge he is absolutely committed to the constitution. Of course he, like most good lawyers and judges in the country, absolutely hated Bush because of what he did to the Justice Department (He had a very high opinion of one of the fired prosecutors who he knew).


Judges really relish their independence and the constitution. In California the State Supreme Court still has a majority of Republican judges, but is widely perceived as liberal.


They are not. They are simply committed to the constitution which, in today's political spectrum, makes them appear like flaming liberals.
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CTyankee Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-01-09 11:12 AM
Response to Reply #6
7. Yes, I suspect that is the case. Also, the tide of the times must have some impact
on them. I mean, it might have been easier for a judge to view something like the barring of women from law schools or medical schools as being "reasonable" at one time in our history, but certainly not when social movements make a mark on case law. And there's your "constitutionality." So I think it is both: respect for consitutional law and the tide moving forward to our being a more inclusive society.
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