Judicial Interpretation

Textualist/Strict Constructionist insists on the literal meaning of a provision in the face of contrary

claims that the text must mean more or less than it expressly says

Originalist aspires to interpret constitutional text in light of original intentions

or understandings of the founding fathers who wrote the Constitution

Doctrinalist (stare decisis) searches out past interpretations of the Constitution as they

relate to specific problems and tries to organize them into a coherent whole, fitting the solution of the current problem at issue into that whole

Judicial Interpretation, cont. Developmentalist (how meaning has

evolved) builds on doctrinalism by accepting the value of incremental additions of

judge-made doctrine, but goes further by enlarging the interpretive arena to include broader historical events, such as informal practices, usages, and political culture.

Contextualist concerned with an original meaning of the text itself to those who wrote

the text, but instead of a subjective intent, it seeks to examine the broad context in which the provision at issue was promulgated, arguing that, in some important respect, the provision can only be understood relative to its context.

Facial (where it is in the document) vs Historical

Structuralist proposes to decide hard cases by looking for guidance in the

Constitution's general arrangement of offices and powers

Chief Justice John Roberts

Appointed by George W. Bush Conservative 53 years old Worked at a private law firm that

advised the Bush campaign during the Florida recount in 2000

Attended Harvard Law School Confirmed by the Senate in a 78-22

vote in 2005 At 50 years old, he was the youngest

Chief Justice to take office since John Marshall in 1801 (who was 45)

Doctrinalist (precedent)

John Paul Stevens Appointed by Gerald Ford Liberal 88 years old Served as a WWII Navy code-breaker,

prior to attending Northwestern University Law School

Confirmed in a 98-0 vote in 1975 Initially appointed to be a “moderate

conservative,” he now is considered an “independent liberal”

Will have to step down during the next President

Contextualist; developmentalist

Antonin ScaliaAppointed by Ronald ReaganConservative72 years oldAfter graduating as valedictorian of

his class at Georgetown University, he graduated magna cum laude from Harvard Law School

Confirmed in a 98-0 vote in 1986He is often considered to be the

most dynamic or “colorful” member of the Court

Originalist, texualist

Anthony Kennedy Appointed by Ronald Reagan Conservative/Moderate (swing vote) 72 years old Graduated cum laude from Harvard

Law School He took over his father’s law firm at a

young age when his father died unexpectedly, then was appointed to the Ninth Circuit Court of appeals

Confirmed in a 97-0 vote in 1988 Idealogist- (broad use of the 14th)

David SouterAppointed by George Bush Sr.Liberal68 years oldGraduated from Harvard Law

SchoolHe was a virtual unknown when

nominated to the Court, surprising conservatives with his moderate-liberal votes

Confirmed in a 90-9 vote in 1990

Textualist

Clarence Thomas Appointed by George Bush Sr. Conservative 60 years old Admitted to Yale Law School through

affirmative action and later served as the head of the Equal Employment Opportunities Commission

During Senate confirmation hearings, he faced allegations of sexual misconduct from a female advisor at the EEOC

Confirmed in a 52-48 vote in 1991 Originalist; looks at precedent

Ruth Bader Ginsburg Appointed by Bill Clinton Liberal 75 years old Attended Harvard Law School while taking care

of her preschool daughter, as well as her husband, who developed testicular cancer during that time and underwent extensive treatment--she attended classes for him and typed his papers as he dictated them; she then transferred to Columbia Law School where she graduated first in her class

She dedicated her law career to arguing cases for women’s rights

Confirmed in a 97-3 vote in developmentalist

Stephen Breyer Appointed by Bill Clinton Liberal 69 years old Graduated from Harvard Law School

where he served as the editor of the Harvard law review

Occasionally appears in public “debates” with Antonin Scalia, an unusual public display for Supreme Court justices

Despite concerns over his ties to big business, the bi-partisan support of Senators Orin Hatch and Ted Kennedy secured his confirmation

Confirmed in an 87-9 vote in 1994 Contextualist

Samuel Alito Appointed by George W. Bush Conservative 58 years old Graduated from Yale Law School where

he served as the editor of the Yale law review

He was nominated after Harriet Miers withdrew her nomination, and after a failed attempt by Democrats to filibuster his nomination

His work at the Justice Department during Reagan’s presidency created concerns over his apparent extreme conservative viewpoints

Confirmed in a 58-42 vote in 2006 Originalist textualist