Sentences with phrase «ideological policy preferences»
A recent study published in the DePaul Law Review confirms what Supreme Court observers have long suspected, and what former Chief Justice Rehnquist has long feared: that judicial law clerks» ideological policy preferences have an effect on the way the Justices vote.
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Progressive legal theorists exploited this doctrinal disjunction to argue that the justices» opposition to economic reforms was fundamentally ideological and thus illegitimate: «If the public's evolving attitude towards liquor and lotteries had been sufficient to justify a rethinking of economic rights and federalism constraints, the argument went, then what else but the subjective policy preferences of the justices themselves could explain the Court's stubborn resistance to other, broadly popular forms of «social» legislation?»