The Roberts appointmentSeveral people have asked me since last night what I think of the President’s choice for the Supreme Court, Judge John Roberts of the D.C. Court of Appeals. One of my closest friends and confidantes, R. Jason Howard, Esq., openly speculated as to whether conservatives have been sold out by Roberts’ appointment. Another friend wanted to know if I believed Roberts was “the genuine article.” Many people are concerned that Roberts is a “stealth candidate,” and we don’t know much about his prior record.
We do know some things about Roberts’ legal record, however. He has argued 39 cases before the United States Supreme Court. Among his achievements as a counsel in the Reagan Administration was to write a brief declaring that Roe v. Wade was bad law, and was a poorly written and argued legal decision. He wrote a similar brief for the previous President Bush. Not only do NARAL, the National Organization for Women, People for the (un)American Way, and the ACLU all oppose Roberts’ nomination, but Ted Kennedy, Patrick Leahy, and the Senate Democratic Caucus are already beginning to whine, with Teddy-boy threatening a filibuster. Judging by the Democrat reaction, John Roberts must be a solid choice or the liberals would not be throwing a royal conniption.
Conservatives need to simmer down in this case. In no way do I believe the President intended to sell us out here. Had he wanted to do that, he would have appointed Alberto Gonzales. President Bush is not a mind reader, he can’t tell us, nor can we know, how John Roberts will perform on the Supreme Court. Ronald Reagan could not have known how Sandra Day O’Connor would perform (her record was quite mixed as we know), but her past record at the time of her nomination showed she was a stellar candidate. There is the chance that John Roberts won’t live up to his promise, just as his predecessor didn’t, but Roberts has a record that would indicate that he’d be a fine conservative candidate for the Court. He has been the strict constructionist we have waited for all these many years. It would be wrong of the President not to have considered Roberts, and if he turns out to be the good Justice the President expects him to be, we will all cheer this appointment as President Bush’s greatest legacy.