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Bush nominates John G. Roberts, Jr. for Supreme Court

 
 
Jake, Colossus of Clout
02:49 / 20.07.05
CBS says:

CBS News Correspondent Barry Bagnato reports that Roberts does not have nationwide name recognition, but in Republican circles, he is a known commodity with an impressive resume. Only 50, Roberts could be a force on the high court for decades.

Reaction from Republican senators was strongly supportive. "He is a brilliant constitutional lawyer with unquestioned integrity," said Sen. Orrin Hatch, R-Utah.

Majority Leader Bill Frist of Tennessee issued a statement called for confirmation proceedings that "treat Judge Roberts with dignity and respect." Echoing a refrain from this spring's a bitter struggle over Bush's conservative appeals court nominees, he called for a yes-or-no vote before the court's term begins Oct 3.

Democratic response was measured, but initially at least, offered no hint of a filibuster.

"The president has chosen someone with suitable legal credentials, but that is not the end of our inquiry," said Senate Democratic leader Harry Reid of Nevada. Referring to planned hearings in the Senate Judiciary Committee, Reid said, "I will not prejudge this nomination. I look forward to learning more about Judge Roberts."

Sen. John F. Kerry's, D-Mass., response was more blunt. "We know Judge Roberts is no Sandra Day O'Connor, and the White House has sent a clear signal," Kerry said in a statement. "There are serious questions that must be answered involving Judge Roberts' judicial philosophy as demonstrated over his short time on the appellate court."

Sen. Dick Durbin, D-Ill., said Democrats would want to probe Roberts' views to see whether he holds "mainstream values."

-------------

This seems really rushed to me, and the guy has nowhere near the record of most nominees- Is he a sacrificial lamb to take some heat off of that goddamn Karl Rove?
 
 
Francine I
04:47 / 20.07.05
Facts taken from an MSN/Slate article, found here.

Some judicial history:

For a unanimous panel, denied the weak civil rights claims of a 12-year-old girl who was arrested and handcuffed in a Washington, D.C., Metro station for eating a French fry. Roberts noted that "no one is very happy about the events that led to this litigation" and that the Metro authority had changed the policy that led to her arrest. (Hedgepeth v. Washington Metropolitan Area Transit Authority, 2004).

In private practice, wrote a friend-of-the-court brief arguing that Congress had failed to justify a Department of Transportation affirmative action program. (Adarand Constructors, Inc. v. Mineta, 2001).

For Reagan, opposed a congressional effort—in the wake of the 1980 Supreme Court decision Mobile v. Bolden—to make it easier for minorities to successfully argue that their votes had been diluted under the Voting Rights Act.

For Bush I, co-authored a friend-of-the-court brief arguing that public high-school graduation programs could include religious ceremonies. The Supreme Court disagreed by a vote of 5-4. (Lee v. Weisman, 1992)

Voted for rehearing in a case about whether a developer had to take down a fence so that the arroyo toad could move freely through its habitat. Roberts argued that the panel was wrong to rule against the developer because the regulations on behalf of the toad, promulgated under the Endangered Species Act, overstepped the federal government's power to regulate interstate commerce. At the end of his opinion, Roberts suggested that rehearing would allow the court to "consider alternative grounds" for protecting the toad that are "more consistent with Supreme Court precedent." (Rancho Viejo v. Nortion, 2003)

For Bush I, argued that environmental groups concerned about mining on public lands had not proved enough about the impact of the government's actions to give them standing to sue. The Supreme Court adopted this argument. (Lujan v. National Wildlife Federation, 1990)

Joined a unanimous opinion ruling that a police officer who searched the trunk of a car without saying that he was looking for evidence of a crime (the standard for constitutionality) still conducted the search legally, because there was a reasonable basis to think contraband was in the trunk, regardless of whether the officer was thinking in those terms. (U.S. v. Brown, 2004)

Joined a unanimous opinion denying the claim of a prisoner who argued that by tightening parole rules in the middle of his sentence, the government subjected him to an unconstitutional after-the-fact punishment. The panel reversed its decision after a Supreme Court ruling directly contradicted it. (Fletcher v. District of Columbia, 2004)

For Bush I, successfully helped argue that doctors and clinics receiving federal funds may not talk to patients about abortion. (Rust v. Sullivan, 1991)

Concurring in a decision allowing President Bush to halt suits by Americans against Iraq as the country rebuilds, Roberts called for deference to the executive and for a literal reading of the relevant statute. (Acree v. Republic of Iraq, 2004)
 
 
lord henry strikes back
07:39 / 20.07.05
I'm still getting my facts together on Roberts (and the whole Supreme Court appointment system, it's not really talked about here in the UK) but from the 2 min. spot that BBC Radio 4 ran about this this morning the logic runs as follows:

Neither the Reps nor the Dems want a repeat of the spat that they had over nominations earlier in the year. Roberts is every bit the toe-the-line conservative that the Bush administration wants to put on the bench, but without the hints of fanaticism that the Dems could really get their teeth into. He is also not that well known, again making him harder to attack. Finally, at only 50, comparably young for a nominee, he could have a few decades on the bench ahead of him. The feeling appeared to be that he would sail through basically unopposed.
 
 
Quantum
10:27 / 20.07.05
Just another step in the rolling back of abortion rights in the US if you ask me.
 
 
ONLY NICE THINGS
10:47 / 20.07.05
I'm more immediately concerned with the lack of weight he seems to place on the courts...

Charming Betsy? Who she?
 
 
FinderWolf
13:47 / 20.07.05
great topic abstract, by the way.

I also feel that both parties want to avoid another long, protracted nominee battle a la John Bolton's UN deal. Roberts just might squeak through regardless of his record, after the Dems put on a show of grilling him and such.
 
 
ibis the being
19:20 / 20.07.05
I'm more immediately concerned with how this is a big distraction tactic to make us forget about Rove, and Fitzgerald's independent investigation. Bush bumped up the nomination date and has urged the Senate to move quickly on confirmation.

Bye-bye Rove controversy, it was fun while it lasted....
 
 
FinderWolf
19:23 / 20.07.05
The Rove story is still very much alive, don't worry. The press smells blood and when the press smells blood...there will be a lot more coverage on this, I am confident. Of course, it could be coverage of Rove getting off scot-free, but the story is still very much on the public's mind.

This is interesting - O'Connor concerned Democrats when she was nominated by Reagan, but has turned out to be a moderate voice of reason and often the swing vote, right...?

----

O'Connor: Bush's Nominee Is 'First Rate'

Yahoo News

SPOKANE, Wash. - Supreme Court Justice Sandra Day O'Connor said Wednesday that the man President Bush nominated to replace her is "first rate," but she's disappointed in a sense that the nominee isn't a woman.

O'Connor didn't learn of the nomination of federal appeals court judge John G. Roberts until she heard about it on the radio while returning from a fishing trip, her fishing companion said.

"I have watched Judge Roberts since he has been an advocate before our court, and I and my colleagues have been enormously impressed with his scholarship and his skills," O'Connor said in an interview Wednesday during the annual conference of the 9th U.S. Circuit in Spokane. "He's earned an excellent reputation as a lawyer, so I think he's very well qualified."

"I am disappointed, in a sense, to see the percentage of women on our court drop by 50 percent, but I can't be disappointed in the quality of person nominated. He's first rate," she added.
-----------------------------------------------------
 
 
P. Horus Rhacoid
19:58 / 20.07.05
It's not uncommon for conservative judges to become more liberal once they're on the bench. O'Connor's one; Ginsberg was another, I think, and a bunch of others that I can't remember. From the sounds of the article Haus linked to, it seems like that's what democrats are hoping will happen here, too.

It's hard not to be instinctively against this guy simply because of the depth of hatred I have for George Bush, and getting scary emails from MoveOn (I have no idea how they got my name or email address) doesn't help... On the other hand, his record scares me too.
 
 
Perfect Tommy
20:30 / 20.07.05
I also feel that both parties want to avoid another long, protracted nominee battle a la John Bolton's UN deal.

I don't want the court to swing right, but at the same time I keep thinking about the fact that the Senate is supposed to 'advise' the president on his choice. If he's just very conservative, well, that's what happens when there's someone on the right in the White House. What I was concerned about was Bush doing something blatantly inflammatory like selecting Alberto Gonzalez—something of a "Torture memo schmorture memo, nyah nyah nyah" appointment. This seems downright conciliatory in comparison.
 
 
Jake, Colossus of Clout
00:08 / 21.07.05
He does seem a bit moderate for a Bush appointee. He's Catholic, for one thing, so it's nice not to have an evangelical Southern Baptist or something, but he's still pro-life and pro-big business.

After 24 hours thought on this, I think he may have been selected to sail through, because Bush will probably get to select another Justice. After all, that shitweasel Rehnquist WILL step down while the chimp is in office. No way will he take the chance on retiring while a democrat is President. He's evil like that. Bush will probably appoint someone on the Ashcroft-Gonzales spectrum when that happens.

Finderwolf- Thanks for the compliment on the abstract. I think I was right. The guy is evil, just not Bush-Rove-Rumsfeld-caliber evil.
 
 
FinderWolf
12:44 / 21.07.05
Yeah, there is part of me that feels 'fair is fair, liberal Presidents get to elect liberal justices and conversatives get to elect conservative justices to the Supreme Court.' I mean, the country did vote to re-elect this douchebag, he deserves a power that Presidents get, much as I may revile his sorry ass.
 
 
Regrettable Juvenilia
12:52 / 21.07.05
For fuck's sake, he's not a fucking moderate, it's not "fair's fair"!!!

Here is a good summary of why not:

By nominating D.C. Circuit Judge John G. Roberts Jr. to replace Justice O'Connor, President Bush is sending the message that his highest priority is to kiss up to his hardline reactionary zealots base with the same passion that the rest of us Americans are invited to kiss his inner cheeks.

Well-connected to the GOP and right-wing organizations, Roberts, who has only been a judge for two years, has the conservative credentials to make Pat Robertson and the Klan proud.

Judge Roberts is a strict constructionist, evidenced by his membership in the Federalist Society, which includes such petrifying people like Justice Scalia, Justice Thomas, Ann Coulter, Ken Starr, Robert Bork, Linda Chavez, Orrin Hatch, and John Ashcroft.

While working as White House counsel and a former deputy solicitor (for Ken Starr!), Roberts advocated a hard-line anti-civil rights policy that opposed affirmative action. He also would have made it nearly impossible for people of color to prove a violation of the Voting Rights Act and would have essentially (further) resegregated public schools. The jury is still out on whether he finds slavery unconstitutional.

A practicing Catholic, Roberts also has taken super-anti-choice positions in two Supreme Court cases, one that severely restricted the ability of poor women to gain information about abortion services, and another that took away a key means for women to access clinics and combat anti-abortion nutbags.

As Deputy Solicitor General, Roberts argued in a brief before the Supreme Court that "we continue to believe that Roe was wrongly decided and should be overruled. The Court's conclusion in Roe that there is a fundamental right to an abortion...finds no support in the text, structure, or history of the Constitution."

He also has filed an amicus curiae brief in support of Operation Rescue and individuals who routinely blocked access to clinics. The brief argued that the protesters' behavior did not discriminate against women and that blockades and clinic protests were protected speech under the First Amendment.

He has also taken positions in legal publications or briefs arguing:
- that more religion in public schools does not violate the Establishment Clause
- that anti-flag burning laws do not conflict with the First Amendment
- that environmental lawsuits should be limited
- that criminal defendants' rights can be crippled

I am generalizing, but not over-exaggerating. This nominee is far more reactionary than I ever would have predicted.

As I surf between the evening news shows, the pundits keep emphasizing that Roberts' professional positions as an advocate may not reflect his personal views, but all signs suggest that Roberts is a flaming good ol' boy reactionary.

If you've been waiting to pick and choose your battles, this is the one to pick. No matter where you stand on the political spectrum, your comrades have been waiting 11 years to see the Court lean your way.

As a young 50 year old (I think Justice Stevens is 85) with lifetime tenure on the highest court in the land, John Roberts will affect our rights long after Bush leaves office and perhaps long after he's reinstalled the feeding tubes to our decrepit comatose bodies.
 
 
FinderWolf
13:14 / 21.07.05
Many Democrat Senators are saying 'well, he's not as extreme as we thought Bush would pick, he'll probably sail through after we give him a good grilling.' That's what I mean by 'fair's fair' - the political mood in Washington is not up for another eternal opposition to a Bush nomination a la Bolton. Dem. Senators are saying they pretty much won't filibuster the guy.

I'm not saying this is the ideal scenario or the ideal candidate, but I'm saying it's a fight we probably won't win with a Republican-controlled Congress.
 
 
Regrettable Juvenilia
13:33 / 21.07.05
What's that you say? The Democrats are rolling over and not putting up a fight as the North American political 'mainstream' lurches even further to the right? Well I never!
 
 
grant
21:05 / 21.07.05
right wing christians like him.

Ann Coulter doesn't.
 
 
P. Horus Rhacoid
00:18 / 22.07.05
There are a lot of specific case citations farther down the page, many of which are quite scary.

As a partisan lawyer for the Bush Sr. and Reagan administrations, Roberts threatened:

Civil rights by asking the Supreme Court to severely limit the ability of district courts to desegregate public schools, and working to ensure the Voting Rights Act could not be used to remedy many cases of actual discrimination against minority votes.

Women's rights by fighting for a law barring doctors from even discussing reproductive options in many cases, and arguing that Roe. vs. Wade should be "overruled."

Free speech by arguing to the Supreme Court that political speech that some considered offensive did not deserve First Amendment protections. The Court rejected his claim.

Religious liberty by arguing to the Supreme Court that public schools could force religious speech on students. Again, the Court rejected the argument.

As a corporate lawyer, Roberts threatened:

Community and environmental rights by working to strike down new clean-air rules and filing a brief for the National Mining Association, arguing that federal courts could not stop mountaintop-removal mining in West Virginia, even as it devastated local communities.

Workers' rights by helping Toyota to successfully evade the Americans with Disabilities Act and fire workers for disabilities they suffered over time because of the requirements of their jobs.

Public interest regulations by helping Fox News challenge FCC rules that prevented the creation of news media monopolies.

In his short two years as a judge, Roberts has threatened:

Individual rights by rejecting the civil rights claims brought on behalf of a 12-year-old girl who had been handcuffed, arrested and taken away by the police for eating a single french fry in the D.C. Metro.

Environmental protections when the dissent he wrote on an Endangered Species Act case, had it been in the majority, would have struck the Act down as unconstitutional in many cases, and would have threatened a wide swath of workplace, public safety and civil rights protections.

Human Rights by voting to strike down the Geneva Conventions as applied to prisoners that the Bush administration chose to exempt from international law.




On an unrelated note, Ann Coulter is still a total bitch.
 
 
Jake, Colossus of Clout
00:31 / 22.07.05
So, the best thing we can say about this guy is that Ann Coulter hates him. That's a positive, but this still looks grim as hell.
 
 
netbanshee
04:26 / 22.07.05
It seems that the left is trying to make up their minds whether or not to go on the offensive with the nomination. It's not quite a sweep under the rug by any means. I have a good feeling that the Dems will step up and put his standing on hot-seat issues on record. We need to know what the lean of the law will be like in the future, especially with the right to choose and the environment needing attention with this candidate. They at least want to know their "enemy".

In regards to Rehnquist, he's probably going to stay on till after the 2006 elections. That's good news for the left since there's been more momentum than usual on their side to make a good showing in the upcoming mid-term elections. The Republicans have had a poor second-term so far (approval rates way down and continuing across the board) and if the rest of government becomes more balanced, there won't be a majority to push through some Bush-leaning radical to replace the old chap.

In terms of Rove, he's got Fitzgerald on his ass and that's good enough for me. It's good that the media have found a bit more footing on this issue (took 'em two years), but this is really a judicial issue. If the Supreme Court nomination distracts the public from the issue, it doesn't mean that the process isn't happening. It's more resilient to media and political spin. It's an ongoing investigation that can bring up charges from espionage to perjury to a number of high-level administration people. Good luck Karl, Fitz is one resolute son-of-a-bitch who keeps his eyes on the sight.
 
 
FinderWolf
16:51 / 22.07.05
from Yahoo news:

Roberts made no secret that he's out to win over Democratic critics. "He told me he hoped he could persuade me," Schumer told reporters after an hour-long tête-à-tête with Roberts. During their meeting, Schumer presented the judge with a list of 70 questions on a range of legal issues, including abortion, free speech rights, environmental regulations and disability law.

Schumer said he voted against Roberts in 2003 because Roberts wouldn't tell the Judiciary Committee enough about his judicial philosophy. He doesn't expect answers to all his questions but hopes Roberts will answer some.

"This is not a game of gotcha," the senator said. "This is a game to figure out how somebody thinks."

Roberts made no promises, Schumer said, but the two agreed to meet again next week. "I do believe he will make himself very accessible," Schumer said.

Not all of the talk was business. Schumer said he and Roberts tried to figure out whether they had met at Harvard, where both attended college and law school in the 1970s (probably not, the senator concluded) and compared notes on their high school athletic careers.

The atmosphere was equally cordial at Kennedy's office. The Democratic senator presented Roberts with a gift: a map of Ireland. Kennedy's ancestral home is 10 miles from a house that Roberts co-owns in Limerick.

Abortion rights advocacy groups, such as the National Organization for Women, oppose Roberts because of his legal arguments against Roe v. Wade, the 1973 Supreme Court decision that legalized abortion. However, some senators who support abortion rights say they don't believe Roberts would vote to overturn Roe.

Senate Judiciary Chairman Arlen Specter, R-Pa., said that during a meeting Wednesday, Roberts used the words "modesty" and "stability" when describing his role on the high court. Specter suggested that those aren't terms a nominee out to upset a three-decade-old legal precedent would use. "Those are important words," Specter said. "I considered his comments on modesty and stability to be highly significant."

Another Republican who favors abortion rights, Susan Collins of Maine, said she's "very heartened" by Roberts' testimony at his Judiciary Committee hearing that legal abortion is "settled law."

------------------

of course, whether Roberts is making nice now and whether he'll change his tune once he's on the bench is something only time will tell...
 
 
alas
13:53 / 23.07.05
An interesting article in the NYTimes today about JGR's wife's work re: abortion, etc. (and some adoption stuff for me and Grant)--

WASHINGTON, July 22 - Judge John G. Roberts has left little hard evidence of his views on abortion in recent years and is widely expected to try to avoid the issue in his coming confirmation hearings.

But there is little mystery about the views of his wife, Jane Sullivan Roberts, a Roman Catholic lawyer from the Bronx whose pro bono work for Feminists for Life is drawing intense interest in the ideologically charged environment of a Supreme Court confirmation debate.

Some abortion opponents view her activities as a clear signal that the Robertses are committed to their cause; supporters of abortion rights fear the same thing. Others say that drawing a direct line from her activities to how her husband might rule on the Supreme Court - assuming that he not only shares her views, but would also act on them to overturn 32 years of legal precedents - is both politically risky and in bad form.

No less a Democratic stalwart than Senator Edward M. Kennedy said, at a breakfast meeting with reporters on Friday, that Mrs. Roberts's work "ought to be out of bounds."

Advocates on both sides have long acknowledged that with this issue, the personal is often political. But Mrs. Roberts has led an independent and unapologetic life that defies any attempt at pigeonholing.

Mrs. Roberts, who declined to be interviewed for this article, was not recruited by Feminists for Life, but sought the group out about a decade ago and offered her services as a lawyer, said its president, Serrin Foster. The group was reorganizing at the time and beginning to focus its work on college campuses. Its mission statement, driven home in advertising in recent years, says: "Abortion is a reflection that our society has failed to meet the needs of women. Women deserve better than abortion."

Mrs. Roberts served on the board of the organization for four years, and later provided legal services. Ms. Foster said that as an adoptive parent, Mrs. Roberts made contributions that included urging the group to focus more on the needs of biological mothers, and adding a biological mother to the board of directors.

Ms. Foster said Feminists for Life was committed not only to ending abortion, but also to making it "unthinkable" by providing every woman with the assistance she needs. Reversing Roe v. Wade, the 1973 decision that recognized a constitutional right to abortion, is a goal, she said, "but not enough."

In recent years, the group has supported efforts to ban the procedure that critics call partial-birth abortion, which is usually performed in the second and third trimesters, as well as legislation that prohibits transporting a minor across state lines to evade parental notification laws. In previous years, the group weighed in on litigation seeking further restrictions on abortion, but Ms. Foster said that was before Mrs. Roberts joined the board.

"We're not a litigious institution now," Ms. Foster said. "We decided we were not a legal group; we were going to go after parenting resources and pregnancy resources, and Jane was part of that redefinition. She came on at that time." . . . .

After graduating from St. Catherine's Academy, an all-girls' high school in the Bronx, Mrs. Roberts joined the first class of women to enter the College of the Holy Cross, in Worcester, Mass., where she attended Mass several times a week, tutored football players in mathematics, her major, and carved a path as a student leader. A budding feminist even with her traditionalist streak, she was one of four students who represented the student body in a heated dispute when the feminist scholar Marilyn French, who taught at the college from 1972 to 1976, was denied tenure.

"We were the pioneers," said Connie McCaffrey, a clinical social worker at Phillips Exeter Academy in New Hampshire who has been a close friend of Mrs. Roberts since they met on the first day of freshman year. "There was a very strong sense of camaraderie among the women who came in that year. And Janey took her responsibilities as one among that group very seriously."

Determined to explore the world, she graduated from Holy Cross in 1976, traveled to Australia on a Rotary scholarship, trekked through Nepal and backpacked around Europe before earning a master's degree in applied mathematics from Brown in 1981 and a law degree from Georgetown in 1984.

The couple married in July 1996, when they were both 41, and friends say they immediately began discussing their desire to start a family, even talking about children at their wedding reception. . . .

In 2000 the couple adopted a daughter, Josephine, and a son, John, through what Ms. Torre said was a private adoption.


This information may have nothing to do with JGR's views, in a direct sense, but it seems to continue to paint a picture of a kind of serious Roman Catholic ethics--which might be interesting in relation to the death penalty, and possibly even of places like the School of the Americas, as it was formerly known, which is protested every year by thousands of Catholics due to the killings of Archbishop Romero and 4 Jesuit priests in Central America in the 1980s.

I have to say, much as I laughed at Flyboy's comments above, unless something truly scandalous breaks, this doesn't look like a candidate that can be reasonably opposed by the Democrats without political damage, the way US politics seems to play out these days. I mean, Robert Bork had close ties to Nixon, was the one who agreed to fire the special prosecutor in the Watergate scandal when two other attorneys general (Elliot Richardson and William Ruckelshouse) had resigned rather than carry out the order.

I just have my doubts that there's that kind of rotting corpse in this guy's closet.
 
 
FinderWolf
15:06 / 25.07.05
Roberts is now declining to speak about some super-conservative group he was part of that was trying to stop 'liberal judges'. The White House says that he has no recollection of being part of it or paying dues, even though he's listed in their records as being a member.

Oy.
 
 
grant
21:43 / 25.07.05
That organization (Feminists for Life) does sound fascinating, alas.

On this one comment: a kind of serious Roman Catholic ethics--which might be interesting in relation to the death penalty

Given arch-conservative Catholic Scalia's statements on the death penalty (and why the Pope's wrong about that), I'm not holding out any great hopes. Roberts *might* be the kind of consistent Catholic thinker that Scalia isn't, but I'm too jaded to really believe that.
 
 
Kirk Ultra
04:46 / 30.07.05
"Threatens Human Rights by voting to strike down the Geneva Conventions as applied to prisoners that the Bush administration chose to exempt from international law. "


It's this part here that has me the most worried. That decision was made just a few weeks ago on July 15 i believe. The Geneva Convention stuff is what had people so terrified of Gonzales being nominated. Now we have a guy going in who has the exact same philosophies but the major media is glossing over it, and the congressional democrats don't seem to care at all.

I'd love it if they'd put up a fight against his nomination, but I seriously doubt they will beyond a few moans and groans for theater. The democrats were in power in congress when they passed the Patriot Act and when they agreed to go to war in Afghanistan and Iraq. Striking down the Geneva Convention will probably barely even get a mention from them.
 
  
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