The Blue Voice

Wednesday, July 20, 2005

The Nominee

This Post article is a good primer on George W. Bush's pick, John G. Roberts, Jr. The highlights: 50 years old, a lifelong Republican and member of the Federalist Party. Former law clerk to William Rehnquist. Former Deputy Solicitor General under George H.W. Bush. Appointed to the Appellate Court only two years ago by George W. Bush.

CNN's Candy Crowley called him "Dudley Do Right". By all accounts, an intellectual powerhouse. His short stint in the Court of Appeals doesn't give us much else to go on which is precisely why he was chosen.

It's harder to oppose someone whose ideology isn't well known and whose style is nothing like the rhetorical theatrics of Antonin Scalia. However, Mr. Bush mentioned Justice Scalia as the kind of Supreme Court Justice he wants to nominate.

We should take that at face value. Mr. Bush always chose partisan nominees for important posts and this will be no different. In addition, replacing O'Connor's swing vote with that of a right wing Justice will solidify his party's stronghold on all branches of government for decades to come.

Even right-wing religious groups are already praising the choice:

"The president is a man of his word," said Tony Perkins, the president of the Family Research Council, a conservative Christian group. "He promised to nominate someone along the lines of a Scalia or a Thomas, and that is exactly what he has done."

I personally think right-wing religious groups are getting the same old lip service from Mr. Bush whose true base are the haves and have mores:

"[Roberts is] the type of person that business conservatives and judicial-restraint conservatives will like but the social conservatives may not like," [Conservative UC-Berkeley law professor John C.] Yoo said.

"What the social conservatives want is someone who will overturn Roe. v. Wade and change the court's direction on privacy," he added. "But he represents the Washington establishment. These Washington establishment people are not revolutionaries, and they're not out to shake up constitutional law. They might make course corrections, but they're not trying to sail the boat to a different port."

Regardless what kind of conservative he is, make no mistake, John G. Roberts, Jr. is no Sandra Day O'Connor.

So far, sources like law.com and dkosopedia show he's a friend to big business and special interests and an opponent of civil rights, privacy and reproductive rights and environmental protection and property rights.

Also, this tidbit from Digby[emphasis mine]:

In case anyone is wondering if Roberts really is a partisan hack or not, Jeffrey Toobin's book "Too Close To Call" sheds some light on that subject:

The president's first two nominations to the United States Court of Appeals for the District of Columbia curcuit --- generally regarded as the stepping-stone to the Supreme Court --- went to Miguel Estrada and John G. Roberts Jr., who had played important behind-the scenes roles in the Florida litigation.

Which is where the Democrats come in. Their non-reactionary initial response was wise:

"The president has chosen someone with suitable legal credentials, but that is not the end of our inquiry," Reid said in a statement. "The Senate must review Judge Roberts's record to determine if he has a demonstrated commitment to the core American values of freedom, equality and fairness...I will not pre-judge this nomination."

This is a lifetime appointment; being qualified is not enough. If he wants to be nominated, Mr. Roberts should make full disclosure on his position regarding issues that will affect generations of Americans. As Senator Charles Schumer (D-N.Y.) said, "[t]he burden is on the nominee to the Supreme Court to prove he is worthy."

Given the Republican majority in the Senate, forcing the nuclear option is not a good idea but shouldn't stop the Democrats from taking a united, principled stand. They should put Mr. Roberts -- and by extension, Mr. Bush -- on record and vote no if the hearings confirm a partisan ideology that makes him unworthy to serve in the Supreme Court.

posted at 8:53:00 AM by Wonky Muse

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