Monday, September 19, 2005

Confirm Roberts...

I know that this isn't a popular position among Democrats right now, but frankly their wrong.

My initial impression of John Roberts was one of cautious optimism. You can read that post here.

My conclusions there have been pretty much reaffirmed, and I am comfortable with John Roberts as Chief Justice.

Bull Moose puts it even better than I can:

One Cheer for Roberts


Senator Moose would vote to confirm Roberts.*

The Moose knew of Judges Bork, Thomas and Scalia, although he was not their friend. And John Roberts is no Bork, Thomas or Scalia. Roberts has shown that he is no originalist extremist. He is apparently respectful of precedent. He has a modestly expansionist view of the commerce clause - he does not view the welfare state as unconstitutional. And he acknowledges a right to privacy. In sum, Roberts is a conventional conservative not a right wing revolutionary jurist.

People for the American Way knows this. The American people know this. The Family Research Council knows this. Ted Kennedy knows this. Sam Brownback knows this. And they will all take their predictable side on the question of his confirmation.

John Roberts is not the Moose's cup of tea. He will undoubtedly be far too deferential to corporate power. But, alas, his candidate for the Presidency lost. And one of the consequences of an election is that the winner chooses Supreme Court vacancies. The view from this bench is that the President gets the benefit of the doubt on nominations - elections have consequences. Make no mistake - the vacancy will be filled and Roberts is the best we will get from this President.


Am I rejoicing from the hill tops that the next Chief Justice is John Roberts? No. Do I think it's a cataclysm? Absolutely not.

He's a brilliant jurist and a well reasoned man. He couldn't be more qualified. I wish that he had just answered more questions than he did, because honestly, given the nature of the questions being asked, he could have made mincemeat of any senator on the committee at will.

He knew he was going to be confirmed no matter what, he might as well have been completely forthcoming with his views and positions as they relate to matters of law.

Still, he's as good as we're going to get from this President, and I respect John Robert's mind.

If I were voting, I would vote to confirm.

Flame away.

-The Oklahoma Hippy

1 comment:

  1. No flames here. My wife and I watched some of the confirmation hearings during our vacation, and we agree with your assessment, Hippy.

    ReplyDelete