Justice John Paul Stevens is the runner-up...And Anthony Kennedy is the most neutral, followed by David Souter.
The Judicial Restraint Award, for the most humble exercise of judicial power, goes to Justice Stephen G. Breyer....
The Judicial Activism Award, for aggressive use of judicial power, goes to a most surprising winner: Justice Antonin Scalia....
ADDED: This is making me think of that radio show I did with Sunstein the day Samuel Alito was nominated to the Supreme Court:
Cass Sunstein came ready with statistics based on reading 41 Alito dissents and concluding that Alito was a predictable conservative vote, a point he repeated at least five times. And then he accused me of spinning.... Isn't this like "he who smelt it, dealt it"? He who detects spinning is the spinner?IN THE COMMENTS: Henry writes:
I'm sure Sunstein's and Miles' methodology is spot on. So, in the spirit of the Emmy's, I suggest the following:Very well put! I haven't examined the empirical methodology, so I have no idea what skewing and bias may lie therein, but Miles and Sunstein have skewed the labels like mad. Thanks to Henry for doing the reverse-skew so well.
The Consistent Application of Principles Award goes to Justice Clarence Thomas.
The What-Side-of-Bed-Did-I-Get-Out-of-Today Award goes to Justice Anthony Kennedy.
The Check Executive Power Award goes to Justice Antonin Scalia.
The Check? Moi? Award goes to Justice Stephen G. Breyer.
(As an aside -- remember how concerned the left was with the idea that Roberts and Alito would be too prone to defer the executive branch? Apparently deference is a good thing!)
Thanks for the opening, Professors.