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 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 Scalia Appointed by Ronald Reagan Conservative 72 years old After 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 1986 He 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 14 th)

David Souter Appointed by George Bush Sr. Liberal 68 years old Graduated from Harvard Law School He 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 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 vote in 2006 Originalist textualist