'Intelligent discontent is the mainspring of civilization.' -- Eugene V. Debs

Wednesday, July 20, 2005

Roberts 

I don't have any snappy commentary on the subject of John G. Roberts because I never heard of the guy before. From what I've read he seems to be about what one would expect from this administration.

Regarding the big issue at hand, the AP has dug up some contradictory quotes:

"We continue to believe that Roe was wrongly decided and should be overruled." — Roberts, in a 1991 Supreme Court brief he co-wrote for the first Bush administration, while he was principal deputy solicitor general.

as opposed to

"Roe v. Wade is the settled law of the land. It's a little more than settled. It was reaffirmed in the face of a challenge that it should be overruled in the Casey decision. Accordingly, it's the settled law of the land. There's nothing in my personal views that would prevent me from fully and faithfully applying that precedent, as well as Casey." — Roberts, during the confirmation hearing, when asked for his own views on Roe v. Wade.

Salon has up the best Roberts primer that I've seen, which isn't saying much: this guy really has a very small footprint within the public record -- I suppose this is the point of choosing Roberts. Here's what the Salon FAQ has to say about the two contradictory quotes above:

Roberts has been involved in two key decisions while arguing on behalf of Republican administrations, both of which pro-choice groups consider attacks on women's reproductive rights.

In Rust v. Sullivan, the then-deputy solicitor general coauthored a brief in support of regulations prohibiting U.S. family planning programs, which get federal aid, from giving any abortion-related counseling. In that brief, he wrote: "We continue to believe that Roe was wrongly decided and should be overruled ... The Court's conclusion in Roe that there is a fundamental right to an abortion ... finds no support in the text, structure, or history of the Constitution." The court upheld those regulations. In another case, involving the Operation Rescue, he coauthored the government's amicus brief supporting the group's right to target clinics, under the First Amendment, arguing that Operation Rescue was not engaged in a conspiracy to deny women equal protection.

But in his confirmation hearing in 2003 to the appeals court, when asked about abortion, Roberts said that the Supreme Court was clear on the matter, and he could uphold it: "Roe v. Wade is the settled law of the land," he said. "There's nothing in my personal views that would prevent me from fully and faithfully applying that precedent." Whether as a member of the court he would try to change that law remains to be seen.

Not much help there.

Generally, the Salon piece does not paint a picture of a hardcore moral conservative true-believer rather it portrays Roberts as a weaselly partisan conservative careerist, a Republican party stooge, a Bush/Cheney yes-man.

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