Roberts Sidesteps Meaty Issues for Now

ghostrider · Sep 16, 2005

Roberts Sidesteps Meaty Issues for Now By GINA HOLLAND, Associated Press Writer
Fri Sep 16, 8:37 AM ET

WASHINGTON - Chief Justice nominee John Roberts could not be pinned down this week on subjects like abortion and assisted suicide. Next month might be another story.

The Supreme Court's fall agenda is loaded with meaty issues that, to the consternation of Senate Democrats, Roberts would not address during Senate confirmation hearings on his nomination to be the nation's 17th chief justice.

Roberts so skillfully evaded efforts to nail down his personal views on the law and issues before the court over the past three days that conservatives and liberals alike were left with no clear picture of where, if confirmed as expected, he would lead the Supreme Court.

"After several days of testimony and questioning it is extremely frustrating to realize that we still do not know the legal position of Judge Roberts on several critical moral and social issues," the Rev. Patrick J. Mahoney, director of the Christian Defense Coalition, said Thursday.

Ralph Neas, head of the liberal People for the American Way, said, "Silence is normally golden, but in the case of Supreme Court nominee John Roberts, it's downright ominous."

Roberts did reveal some things under relentless grilling of Democrats on the Senate Judiciary Committee.

There was the light — his favorite movies are "Dr. Zhivago" and "North by Northwest"_ and the substantive — he does not share the same interpretation of the Constitution as Antonin Scalia and Clarence Thomas or agree with the practice of Anthony Kennedy and several other justices of using foreign law in decisions.

The 50-year-old appeals court judge was a self-disciplined and intelligent witness. He cited phrasing of opinions with near perfect recall, never referring to notes or conferring with a phalanx of Justice Department and White House lawyers seated behind him.

On several occasions he revealed a moderate temperament, including an acknowledgment that the 1973 Roe v. Wade ruling that established a woman's right to abortion was settled precedent. He maintained that his record as an appeals court judge shows he's not an ideologue, as Democrats said they feared.

"I see a streak of independence in this person," said Kermit L. Hall, a historian and president of the State University of New York at Albany.

The committee is to vote on his nomination next week, and the White House hopes the full Senate will vote in time for Roberts to be on the bench the first week of October, when the court will take up the Bush administration's challenge to Oregon's assisted suicide law. Justices also will review a parental notification abortion law, several death penalty appeals, a case involving disability rights and an appeal that touches on gay rights.

"He's not going to have a grace period. He will find himself right smack in the middle of it," said Stephen Wermiel, an American University law professor.

Roberts, as chief justice, would preside over a court that is in flux. The well-liked Chief Justice William H. Rehnquist died this month after 33 years on the court. President Bush has not nominated a replacement for retiring Justice Sandra Day O'Connor.

It will be months before the full scope of the shake-up is known. O'Connor's vote has made the difference in some affirmative action, abortion, campaign finance, discrimination and death penalty cases, so her replacement will have a more significant opportunity to swing the court.

Roberts' testimony this week before the Senate committee showed that, administratively, he likely will be like Rehnquist, a conservative who was known for his evenhanded leadership in assigning opinions and presiding over court sessions and private meetings. One exception may be Roberts' support for review of more cases.

On the issues, Roberts did not align himself with any of the current court members. Rehnquist had been his mentor.

"I will be my own man on the Supreme Court," said Roberts, who at times seemed to distance himself from conservatives Scalia and Thomas.

Roberts said the Constitution protects a right to privacy and that he does not follow the view that the Constitution means the same thing today as it did when it was drafted in 1787, making no allowances for societal changes.

He said he agreed with a 38-year-old high court ruling in a case involving contraceptives for married couples, a decision often cited as the underpinning for abortion rights. However, he would not say whether he would vote to uphold or overturn Roe v. Wade.

"I don't think he's locked himself into any positions. He could go anywhere. He could be another (Justice David) Souter," said Ann Althouse, a law professor at the University of Wisconsin, referring to the liberal justice named to the court by President Bush's father. "We really don't know."
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E.L. · Sep 16, 2005

I'm afraid he is going to be a Souter in Rehnquist's clothing.

ghostrider · Sep 17, 2005

I don't agree, my friend. I think he is as conservative as Rehnquist was, he's just so much smarter than the Dimmocrats trying to trip him up, it wasn't even a challenge. I think Slick Willy Clinton watched some of the exchanges, and wished he had been half as slick as Roberts.

E.L. · Sep 17, 2005

I hope so for all of our sakes, I really do and I really want him to be the conservative chief justice we need. Either way, I don't doubt his intelligence, he has made the democraps look like the idiots they are. Brainless Chucky Schumer doesn't stand a chance. Nor liver-dead Ted, or Jello-brain Biden.

melbo · Sep 17, 2005

I watched him get grilled by Biden... Seemed pretty cool to me.

Biden was talkiong anout how anyone who was apointed for life HAD to answer some questions on issues.... Roberts didn't much flinch

The thing that makes me most nervous about a Bush packed Court is that the current state of the Republican party seems to be leaning pretty Big Brotherish. Lot's of heavy surviellance and spy stuff on the citizens.

With the current state of affairs, I'd really like to see a split Prez/Congress for awhile before more Patriot act type stuff gets passed. I think the best government we can hope for is one with it's hands tied..

but, don't mind me, I'm a closet libertarian

E.L. · Sep 17, 2005

I am just afraid that with more democraps in office more anti-gun legislation will be passed. Just what we need, another assault weapons ban.

melbo · Sep 17, 2005

Yeah. That's why I'd lik to see a perfectly balanced stalemate for the next 20 years. Hell, pay them the salary and they fon't even have to show up... Like we need another 2000 laws each yr

E.L. · Sep 17, 2005

I would like for someone to run on the platform of "I will do nothing for my entire term in congress but stop any legislation."

melbo · Sep 17, 2005

ghostrider · Sep 17, 2005

melbo said:

The thing that makes me most nervous about a Bush packed Court is that the current state of the Republican party seems to be leaning pretty Big Brotherish. Lot's of heavy surviellance and spy stuff on the citizens.

Click to expand...

I agree, but throughout our history, every time we are at war, we lose freedoms, and after the crisis is past, we get most of it back.

E.L. · Sep 17, 2005

ghostrider said:

melbo said:

The thing that makes me most nervous about a Bush packed Court is that the current state of the Republican party seems to be leaning pretty Big Brotherish. Lot's of heavy surviellance and spy stuff on the citizens.

Click to expand...

I agree, but throughout our history, every time we are at war, we lose freedoms, and after the crisis is past, we get most of it back.
Click to expand...

You mean like this?

melbo · Sep 17, 2005

ghost, I can't think of an instance of getting anything back. I'll not stand by and watch illegal activity on the part of the .gov in the name of war... Leaves too many doors open for more.

But, in trying to not break the CoC, I'll go to bed now. I think TLynn put something in there about anti gov or overthrowing the gov... Night

Seacowboys · Oct 3, 2005

ghostrider said:

melbo said:

The thing that makes me most nervous about a Bush packed Court is that the current state of the Republican party seems to be leaning pretty Big Brotherish. Lot's of heavy surviellance and spy stuff on the citizens.

Click to expand...

I agree, but throughout our history, every time we are at war, we lose freedoms, and after the crisis is past, we get most of it back.
Click to expand...

Don't recollect ever getting anything back, just setting a bunch a bad precident. It's kinda like beating your head against the wall because it feels so good when you stop. We'll put up with all the crap at airports, thinking what a great thing it is to get to carry our nail clippers, lighters, and pocket knives again, never mind the biometric passport chips implanted in our skin.

ghrit · Oct 3, 2005

Death by a thousand bites. (Expletive censored.)

Quigley_Sharps · Oct 3, 2005

ghrit said:

Death by a thousand bites. (Expletive censored.)
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