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September 13, 2005
Roberts
So far as Bush nominees go, Roberts' answer on Roe was significantly more encouraging than anything I was expecting. Further, his fairly expansive view of privacy rights within the Constitution is quite comforting. We'll see how the hearings evolve, but as of now, I'm fairly impressed.
September 13, 2005 | Permalink
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Comments
I was impressed with David Souter when he was confirmed, as well. Boy was I surprised!
The truth is, Ezra, that "Supreme Court Justice nominees are like a box of chocolates. You never know what you're going to get."
Posted by: Fred Jones | Sep 13, 2005 12:45:56 PM
I think it's pretty much impossible to draw any encouraging information from this process. Is he lying? Who can tell? He's required by the nature of the process to lie about lots and lots of things by pretending that he has no opinion on them, just as Bush is required to pretend that he doesn't have a "litmus test" for judicial nominees.
Just as with the predictions for the Iraq war, I find it hard to find any arguments about the inherent decency of Roberts that outweigh the simple fact that anybody who Bush views highly enough to nominate for this position is likely to be very destructive to America.
Posted by: Cryptic Ned | Sep 13, 2005 12:49:41 PM
My question for all these hearings involving lifetime appointments is- so what? What's to keep him from totally lying through his teeth? "Oh yes, Senator Kennedy, I believe the Constitution supports the full funding of abortions for those who cannot afford them," and then he goes and overrules Roe. What, is the Senate going to impeach him for lying at his confirmation? Only conservatives play the "rule how we want or we'll impeach you" card, and even they would never follow though.
Posted by: SP | Sep 13, 2005 12:50:58 PM
It is a canard that Justices experience conversions on the bench. Souter and Blackmun were nominated by damaged presidents, and both turned out more-or-less as expected, as did Frothing Nino and Separate-But-Equal Rehnquist.
Roberts is not an anti-Roe conservative, he is an anti-equal protection racist and sexist who will defer to the executive and to business wherever possible. The NRA and the individualist right (i.e., the non-corporatist, non-theocrat wing of the GOP) should hate him, except that they don't actually believe in rights for all, just for people of the correct skin tone, class background and gender. Since Roberts fits right into that deluded group, he and his will be applauding when the Senate confirms.
In a just universe, said individualists would be unjustly prosecuted and subsequently stand before Roberts. In the real world, the Walton Family Permanent Trust Fund And Plutocracy Act just took another step forward.
Posted by: wcw | Sep 13, 2005 1:20:05 PM
In response to a question about Roe v. Wade, for example, Scalia answered: "I assure you I have no agenda. I am not going on the court with a list of things I want to do." (he was confirmed 98-0)
More recent nominee history here.
Posted by: norbizness | Sep 13, 2005 1:49:34 PM
You should listen more closely to what Roberts said.
The Constitution explicitly protects certain kinds of "privacy" rights: for example, the right to freedom of religious belief in the first amendment, and the right to privacy of one's house, person and effects in the 3rd and 4th amendments. There's nothing controversial in this and I believe that all Roberts did was acknowledge such privacy rights.
The Constitution does not say anything at all about a right to sexual privacy. Those words do not appear anywhere in any part of the Constitution. The doctrine of sexual privacy was manufactured out of whole cloth by the Court in Ginsburg and subsequenty expanded to include a supposed constitutional right to abortion and sodomy. The jurisprudential foundations of this doctrine are so weak, so insubstantial, that it is only a matter of time before it is overruled completely.
If the Senators wanted to ask Roberts a more interesting question, they could ask this: If Roe is overruled and State A makes abortion illegal and State A does not, would the Full Faith & Credit Clause require State B to extradite a citizen from State A who fled after having an illegal abortion? Or how about this: Could a State make it a criminal offense to make a telephone call into the State soliciting an abortion? Suppose the person making the call was doing so in a State where abortion remains legal?
These are the types of questions that the Court will be dealing with over the next 20 years, not whether or not the Constitution secures a right of sexual privacy.
Posted by: DBL | Sep 13, 2005 3:08:28 PM
Ezra, you're forgetting one key thing about Bushies:
they lie.
Posted by: scarshapedstar | Sep 13, 2005 6:02:12 PM
DBL: You can pretend that the 9th Admendment doesn't exist, but that doesn't mean that it doesn't. The Constitution is not a document of positive rights; it does not outline everything that we are permitted to do, with the remained being subject to the approval over whichever party secures control of the government. The Constitution is a document of negative rights, itn outlines, quite specifically, what the government is allowed to do, and is quite clear that the government is not allowed to do things that it doesn't say the government can.
Show me where the Constitution says that I don't have a right to sexual privacy. Where in the Constituion does it say that nosy bluenosers can shove my bedroom curtains aside, take a good hard look at what I'm doing in the privacy of my own home and, if what they worked so hard to see offends their delicate constitutions, throw me in jail?
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