Mark said:
I find your argument to be confusing to say the least. You are requiring a black or white decision from me on which justices are liberal and which are conservatives....and then you complain that I am being black and white.
What?!?!?!
I asked for your opinion as to which of them were conservative/moderate/liberal, in response to your lecturing us that political leaning is a bell curve. My desire was to see where you would put them on the bell curve that you brought up.
Your response was to say that they were all conservative. You have a right to that opinion. I've no doubt you're aware that it's not widely shared.
Mark said:
The honest answer is that I do not find any of them to be particularly liberal by my standards (which is what we are discussing here). On specific issues, certainly, some have made "liberal" decisions and some have made "conservative" decisions.
Really? I thought we were discussing what labels were appropriate. Mephisto called Souter a conservative justice. Conventional wisdom is that Souter is part of the liberal block of the court, which is why some of us took issue with that characterization. Then you lectured "many on the Right" about trying to "have [people] believe" in some black/white dichotomy, though I detected no such implications in anyone's posts.
If there is a difference between Rob saying "he's not a conservative" and you saying "Of course Souter is a conservative" then perhaps you could explain what that difference is. Or perhaps Rob wasn't one of those you were criticising in your post.
Mark said:
I can think of none of the justices who have consistently voted one way or the other. I can think of none with whom I agree 100% of the time. Can you?
Of course not. How is it relevant to the question of which SC Justices are liberal/moderate/conservative? If it helps, I do not consider myself 100% liberal or conservative? What would you call a justice that agreed with you 100% of the time? Is the problem here that I don't live up to your black/white-believing caricature? Taking their positions on average, Scalia, Thomas, and Rehnquist are conservatives, Breyer, Ginsberg, Souter, and Stevens are liberals. Despite that sometimes they may vote against what a typical liberal may prefer.
Honestly, this bit of your argument is confusing to me, but the nearest I can make out is that it appears to me that you are of the opinion that everyone should use the words 'liberal' and 'conservative' to mean 'to the left of [whoever is speaking]' and 'to the right of [whoever is speaking]'? I find that it's only the most extreme ideologues who use the words in that fashion.
Mark said:
I suspect the real issue here was that you were trying to trap me into some kind of an answer to which you already had a response ready. Sorry to disapoint you, but I really do regard all the current Supreme Court Justices as (at least moderately) conservatives. You would prefer I lie to you?
I was trying to get you to explain how you could justify calling Souter a conservative, given that most court-watchers agree that he's one of the Court's liberal bloc. Not the conservative bloc, not the moderate bloc, but the liberal bloc. Certainly the fact that you believe that
all of the Justices are conservatives would explain your position, and demonstrate how far out of the mainstream it is.
Mark said:
Edited to add:
Perhaps part of the problem is that you are assuming I am using "conservative" in this context as a pejorative. I am not. Not in this context.
Why would I assume that? I assumed you meant the word 'conservative' as a fuzzy descriptor of general political ideology, as likely everyone else in the thread did.