I am hereby officially not endorsing John G. Roberts for Chief Justice of the Supreme Court. Let me be very clear: I am not opposed to his confirmation. But given that he set "a whole new standard in nonresponsiveness under questioning," I feel a mere shrug of the shoulders from me is what would please Judge Roberts the most.I do not buy any of the hysterical assumptions made by my fellow lefties. I don't think he's sexist; if Mrs. Roberts were some nitwitted stay-at-home baby machine, I might worry. But he married a lawyer...and a feminist lawyer at that. Yes, he's a Catholic; but so are Ted Kennedy and John Kerry. He presumably has a moral objection to abortion, though he's twice gone on record as describing Roe v. Wade as "settled law."
He rejected the point of view of right-wing nuts like Rick Santorum -- who claims there is no right to privacy -- and compellingly argued that, while not explicit, a basic right to privacy is strongly implied by the third and fourth amendments. Conservatives tried to spin away his pro bono work on the 1996 Romer v. Evans by saying, as they said of his earlier White House work, that he was merely doing as he was told or asked and such work should not be construed as indicative of Roberts' personal opinions; however, before the Senate this week Roberts said, "if there had been something morally objectionable, I suppose I would have [turned down the request]."
You'd better believe Antonin Scalia would have found something "morally objectionable" to assisting on a case to overturn voter-approved law in Colorado to ban anti-discrimination legislation against gays. And if I might borrow a cogent line of thinking established recently by Senator Tom Coburn (R-OK), if the opposite of "dead" is "alive," then the opposite of "morally objectionable" is...not morally objectionable.
Which leads me to the hearings themselves. As the LA Times observed, "Roberts emerged from the Senate Judiciary Committee hearings as practically the only person who did not look like an ideologue or a blithering idiot." What did the senators expect to achieve? Would the famously composed Roberts have a "Perry Mason moment" and rise thundering, "Yes! Yes, I will overturn Roe! I think sodomites are condemned to hellfire! I single-handedly engineered the 2000 Florida vote!" Maybe they were hoping to uncover video of "Roberts...kicking a wheelchair-bound hurricane victim."
Many liberals seem convinced that his abundant caution and tortuously considered responses are a heavy cloak that he will toss off upon his ascent to the bench where he will assume his true identity. "I am trying to get your feelings as a man," pleaded Dianne Feinstein (D-CA). Has it not occurred to them that maybe, just maybe, as has been his modus operandi for his entire career, he will be an abundantly cautious justice issuing tortuously considered opinions?
The only reason to oppose his nomination is pure partisan bigotry. No, he's most likely not going to become a liberal icon, but he is eminently qualified. To oppose him because his personal views don't toe the liberal line is discrimination, something I thought us bleeding-hearts were supposed to abhor.
















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