Tag: libertarian moment

Is There a Libertarian Center at the Supreme Court?

There’s been a lot of talk lately about “The Supreme Court’s Libertarian Moment,” perhaps mostly though not entirely from Ilya Shapiro. A detailed analysis of the 2013-14 Supreme Court term in the Washington Post provides some evidence for that, if you read to the very end. In an article on the rising number of unanimous decisions this term, Robert Barnes notes at the end:

Criminal cases are often ones where the lines between the court’s liberal and conservative wings are blurred.

“There’s been a lot of talk in progressive circles about how you want to avoid taking cases to this particular Supreme Court,” said Elizabeth Wydra, chief counsel with the liberal Constitutional Accountability Center. “One of the areas we’ve seen the Roberts court taking what might be called liberal positions are areas where there are a liberal-libertarian alliance.” [A point that two of her colleagues had made at length in the Post a few days earlier.]

Noel Francisco, a Washington lawyer and former Scalia clerk who represented challengers in the recess appointments case, said there is the same gravitation on the right.

“I think one of the most interesting phenomenon we’ve seen on the court over the last 30 or 40 years is what I would call the evolution of the conservative instinct,” Francisco said. It no longer means “a thumb on the scale for the government.”

Roger Pilon explored the revival of libertarian legal thought in the Chapman Law Review last year.

Is This the Libertarian Moment?

In 2008 Nick Gillespie and Matt Welch hailed a “libertarian moment,” encompassing everything from the Internet to the collapse of “legacy” industries and legacy entitlement programs. I’ve used the same term here, when NPR talked about Ron Paul and when polls showed rising support for smaller government, gay marriage, and drug legalization.

But suddenly, today, everyone seems to see a libertarian moment. Driving in to work, I got so tired of the smug self-satisfaction on public radio’s pledge drive, I switched to the vigorously right-wing Chris Plante Show just in time to hear Plante say, “This is a great day for libertarianism” in regard to the abuse-of-power stories dominating the mainstream media.

And then, mirabile dictu, I got to the office, opened the Washington Post, and found today’s column by Michael Gerson. Now, as he says in today’s column, Gerson is “conspicuously not a libertarian.” Indeed, he is the most vociferously anti-libertarian columnist in contemporary punditry. And yet his column today is titled (in the print paper):

Making libertarians of us all

Man, you’ve got to abuse power something awful to make Michael Gerson start thinking libertarian. So thanks, IRS and Justice Department!

And now that the Obama administration’s abuse of power has got our attentioncan we broaden our focus to take in health care mandates, recess appointments, campus speech regulations, the anti-constitutional Independent Payment Advisory Board, similar extra-legislative bodies in Dodd-Frank, the expropriation of Chrysler creditors, and illegal wars?