If Roberts' Approach is "Incremental" Maybe He is Real Judicial Conservative

Complaints outlined here, in a New York Times piece, suggest that "conservatives" on the Supreme Court want to overrule more precedents. The way the comments are accumulated overstates the trend a little, I think, but still, the remarks from Justices Alito, Scalia and Thomas indicate the distinction between true judicial conservatives and social conservatives.

Social conservatives want to avoid change in gender roles (by preventing abortions), race relations (by voiding affirmative action programs), and economic policy (by striking anything smelling of redistribution of wealth). They like the way things "back in the day."

Judicial conservatives want to avoid jarring the legal and constitutional framework under which we have been operating for some time. They avoid overturning previous rulings or substituting new priorities for older ones by allowing precedents to stand, even if they are controversial -- Roe v. Wade is the classic example.

I'm not crazy about Roberts's politics, but I dod appreciate that he is alt least somewhat hesitant to do what Scalia prefers, which is just make things the way he wants them.