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But his health-care ruling did expose a division between two varieties of judicial conservatism — institutionalism and constitutionalism — that can lead to very different outcomes.
Recent decisions of the Rehnquist Court--particularly the Court's 1992 decision in Planned Parenthood v. Casey--have caused many to question widely-held assumptions about the meaning of judicial conservatism.
There was once a principled understanding of judicial conservatism.
But it's worth noting that this justice, to many the very picture of judicial conservatism, had a record in this area that was difficult to fit into our typical categories.
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But Mr Bush is about to nominate a phalanx of 40 or so jurists to vacancies in lower federal courts as his first salvo in what will be a long war to reclaim the courts for judicial conservatism.
Still, at times the post-partisan language of the White House sounded a lot like that of traditional judicial conservatism.
As in Bush v. Gore, nominally conservative Justices no longer operate by the rules of traditional judicial conservatism.
Even more than Scalia, who has embodied judicial conservatism during a generation of service on the Supreme Court, Roberts has served the interests, and reflected the values, of the contemporary Republican Party.
Judicial conservatism was once principally defined as a philosophy of deference to the democratically elected branches of government.
The son of an Italian immigrant from Sicily, Scalia grew up in Queens, New York, and his Catholic faith plays a big part in his judicial conservatism.
He is also filling the bit of the administration that deals with the judiciary, the White House Counsel's office, with ideological soulmates.The battle over judicial conservatism may not erupt in the usual way, over a controversial nomination to the Supreme Court (that would draw too much fire from Senate Democrats).
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