Seen against this background the decision in Franklin v. Minister of Town and Country Planning, although undoubtedly influenced by the judicial conservatism of the time, would probably not be decided differently today.
According to legal scholars and Supreme Court historians, at least five different types of judicial conservatism are represented on the current Supreme Court and on President Bush's short list.
Libertarian/Constitution in Exile Conservatives This strain of judicial conservatism is consistently anti-government and pro-individual liberties, especially including economic liberties.
Even more than Scalia, who has embodied judicial conservatism during a generation of service on the Supreme Court, Roberts has served the interests, and reflected the values, of the contemporary Republican Party.
Judge Ryskamp is widely viewed as a jurist who would tip the 11th Circuit's balance in favor of judicial conservatism.
In fact, the fight over Judge Bork may have altered the whole framework of the debate over judicial conservatism.
As in Bush v. Gore, nominally conservative Justices no longer operate by the rules of traditional judicial conservatism.
This judicial conservatism is at variance with the concept of speech as a democratic imperative.
But lawyers here say Mr. Souter's judicial conservatism might also lead him to numerous decisions that could displease the business community.
But as the Court's recent decisions have demonstrated, there is more than one kind of judicial conservatism.