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Ethics

: Legal Ethics Forum

"I confess to being a social conservative, but it does not affect my views on cases."

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That's a quote from Justice Scalia. 

I'm sure that Justice Scalia believe that his political ideology doesn't affect his decision making, but is this cabining of ideology possible to the extent that he suggests?  Much ink has been spilled on the question of judicial decision making and whether a judge can completely separate her political views from her legal analysis.  Personally, I don't doubt that it's possible in many cases, but I find it hard to believe that Justice Scalia's political conservatism never affects his views on cases.  Does anyone want to take Justice Scalia at his word and argue that Scalia's political ideology never affects his legal opinions?  (For what it's worth, I would be similarly skeptical if Justice Ginsburg said that her political liberalism never affected her views on cases.)

Full post as published by Legal Ethics Forum on April 29, 2008 (boomark / email).

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