Justices who favor an outcome personally may still suppress those views on role-conception grounds.
Evidence
āOne who belongs to the most vilified and persecuted minority in history is not likely to be insensitive to the freedoms guaranteed by our Constitution. Were my purely personal attitude relevant, I should wholeheartedly associate myself with the general libertarian views in the Courtās opinion, representing as they do the thought and action of a lifetime. But as judges we are neither Jew nor Gentile, neither Catholic nor agnostic⦠. As a member of this Court, I am not justified in writing my private notions of policy into the Constitution, no matter how deeply I may cherish them or how mischievous I may deem their disregard.ā ā G. Alan Tarr, Judicial Process and Judicialā¦, 1288
Categorization
- XREF: Frankfurterās self-limiting restraint echoes the āmechanical jurisprudenceā vs. role-conception discussion and Cardinale/ch25 due-process debate on procedural versus substantive judging. ā connects to: Sitting justices rarely change views, so screening nominees works ā G. Alan Tarr, Judicial Process and Judicialā¦, 540; Judicial rulings have policy consequences yet judges should not impose their own policy views ā G. Alan Tarr, Judicial Process and Judicialā¦, 2688; Partisan views do not directly determine state supreme court school finance rulings. ā G. Alan Tarr, Judicial Process and Judicialā¦, 3304 (+2 more)
Broader Connections
- Judicial rulings have policy consequences yet judges should not impose their own policy views
#expands(0.95) ā G. Alan Tarr, Judicial Process and Judicialā¦, 2688 - Judicial decisions result from attitudes, role conceptions, and institutional constraints interacting together.
#corroborates(0.92) ā G. Alan Tarr, Judicial Process and Judicialā¦, 1286 - Partisan views do not directly determine state supreme court school finance rulings.
#exemplifies(0.78) ā G. Alan Tarr, Judicial Process and Judicialā¦, 3304