Judicial Philosophy - Judicial Liberal

Judicial Liberal

The liberal judicial philosophy is marked by the belief that the U.S. Constitution is a living document which through the process of judicial review is open to new evaluation and modernization, that foreign law and precedent should be a factor in U.S. legal matters, and that certain rights or restrictions should be expanded. Politically, a liberal judicial philosophy can be associated with Progressivism, a desire for social reform. Due to their general support for strong protection of individual liberties, judicial liberals tend to be pro-choice and more restrictive in matters concerning the separation of church and state. Although certain Republican nominated justices have turned out to be judicial liberals, judicial liberals are generally nominated by Democrats.

Prominent Judicial Liberals on the Supreme Court include:

• Associate Justice Ruth Bader Ginsburg
• Associate Justice Stephen Breyer
• Associate Justice Sonia Sotomayor
• Associate Justice Elena Kagan

Prominent Judicial Liberals on the Court of Appeals include:

• Judge Boyce F. Martin, Jr. of the Sixth Circuit
• Judge Stephen Reinhardt of the Ninth Circuit
• Judge Marsha S. Berzon of the Ninth Circuit