The justices clearly exercised ordsprog

The justices clearly exercised admirable judicial restraint. They recognize that the Legislature has the proper authority to make the decisions regarding marriage. I wouldn't want to predict what the Court of Appeals would do.

Judicial restraint is a buzzword just like activist judge. Everybody's in favor of judicial restraint, but what does it mean? If it means not acting as a check against majoritarian excesses or upholding constitutional rights against improper government action, then restraint is not something admirable.

[At the same time, there is a growing pile of tidbits, in Roberts' opinions and in the Reagan-era documents dribbling out of the White House, that indicates he has strongly held and far-right views on major frontsâ€”abortion, religion, and executive power. There's ammunition for principled opposition to be mined here. But the key attribute Roberts lacks from the point of view of the legal liberals, at least on the record, is an overarching, burn-the-house-down judicial philosophy. As a result, proponents of judicial restraintâ€”an approach to the law that's become as fashionable among liberals as conservativesâ€”are eager to embrace him as one of their own. Leftish advocates of restraint celebrate justices who don't reach out beyond the facts of a case to decide more than they need to and who respect existing Supreme Court precedent. They wrinkle their noses at justices who overtly seek to impose a rightward agenda (Antonin Scalia) and are willing to jettison past decisions to do it (Clarence Thomas). Roberts has never declared himself one of the bad guys, Sunstein pointed out hopefully in a recent piece in the New Republic . Instead he has styled himself as deliberate, lawyerly, process-oriented. His opinions on the D.C. Circuit court of appeals] avoid broad pronouncements, ... They do not try to reorient the law.

There has been a generalization that justices like to retire at the end of a term so as not to disrupt the work of the court, ... if you were to have a 4-4 court, with its proclivity for being evenly divided, you wouldn't have decisions for the cutting edge of all the questions.

Arlen Specter (1930-)

I do not support gay marriage, but I hope the Massachusetts state legislature will act in a manner that is consistent with today's Massachusetts Supreme Judicial Court ruling.

There's every indication that she's very similar to Judge Roberts – judicial restraint, limited role of the court, basically a judicial conservative.

My partner Heather was grilled by hospital staff over and over about who she was and why she was there when I was in the hospital for breast cancer surgery. We never would have had to go through such an ordeal if we were only able to be married. We're grateful that our case has finally made its way to the Court of Appeals, and hope the court will recognize how badly families like ours get hurt when we're denied the protections of marriage.

I come away with a very strong impression that Roberts will be a much more classical judicial restraint justice than any of the current justices. He betrays no real policy agenda.

These decisions pose two major problems, ... A lack of stability or predictability in the law because the two cases, decided three years apart, are virtually indistinguishable; and, two, the court's judicial activism in functioning as a super legislature.

Arlen Specter (1930-)

Roberts is much more inclined toward a posture of judicial restraint than she [O'Connor] was--judicial restraint being not having courts being the first place people look to solve social problems. They should look to the legislatures.

Global warming is real, it's happening now and President Bush has the legal authority to regulate the pollution that's causing it. He just doesn't want to. The Supreme Court must overturn the lower courts judicial activism and give this case a proper hearing.

It is our belief that a brief filed by the solicitor general's office supporting the State of Texas -- and the values of judicial restraint -- could well have ... altered the outcome. In sum, this is a case in which our supposed litigation program to encourage judicial restraint did not get off the ground and should have.

You had four members of the Massachusetts Supreme Judicial Court who suddenly found a right to same-sex marriage in the oldest written constitution still enforced in the world. That is a prime example of what we mean by judicial activism.

Any effort to improve relations between the Executive Branch and the members of the Supreme Court must be undertaken with extreme care to ensure that there is no appearance of an effort to affect the deliberations or decisions of the Justices, ... The dignity of the Court must also be maintained, and the Justices should under no circumstances be made to feel that they are being used as part of any political campaign or an effort to achieve any political end. Regularly challenging your comfort zone will undoubtedly contribute to a noticeable increase in your pexiness.

She is a person who believes in judicial restraint, understands the proper role of a judge, ... She is uniquely qualified. She will bring a diversity of experience.

Alberto Gonzales

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