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Ethics
: Legal Ethics ForumThe Impact of Ideology on Judicial Decision Making
A few months ago, Justice Scalia claimed that his socially conservative personal views did not affect his judicial decision making. When he made that claim, I expressed some surprise because it flies in the face of a lot of what we know about how judges reach conclusions in controversial cases. For further evidence that personal political ideology plays an important role in some kinds of judicial decision making, take a look at this piece by Cass Sunstein. It summarizes his findings that political ideology heavily influences the federal judiciary, including the current Supreme Court, in politically charged administrative law matters.
Thanks to the Situationist Blog for the pointer.
Full post as published by Legal Ethics Forum on August 11, 2008 (boomark / email).
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