Publius2000

"Passion has helped us; but can do so no more. It will in future be our enemy. Reason, cold, calculating, unimpassioned reason, must furnish all the materials for our future support and defence.--Let those materials be moulded into general intelligence, sound morality, and in particular, a reverence for the constitution and laws" --Abraham Lincoln, speaking on "The Perpetuation of Our Political Institutions" Address Before the Young Men's Lyceum of Springfield, Illinois, 1838

Monday, August 01, 2005

Back from Vacation...Thoughts on Roberts...

Well, I am back from a week of vacation where I was obviously unable to post. I was pretty much out of the loop in terms of news of the day. I did read one piece in Newsweek in an airport on the Roberts nomination. I had a couple of thoughts on this article.

I was struck by just how fair it was to Roberts. They described him as someone who was not an outcome based jurist who is looking to fit the law around their preconcieved notions of a given policy outcome (they did describe Rehnquist as an outcome based jurist, which is not fair or accurate description of Rehnquist in my opinion). The article described Roberts as someone devoted to the law, and an independent thinker. They described him as someone whose respect for the law would outweigh any political preferences he might have. Overall the article was pretty favorable.

The article even went so far as to predict that his confirmation was likely. It seemed to imply that the left my hold its fire on the Roberts nomination and go for broke on the next nominee.

So far it is all quiet on the western front and Roberts seems to have the support of moderate Democrats (or more critically members of the "gang of 14"). One's optimism is tempered however by remembering that the Clarence Thomas nomination went smoothly for 80 days before degenerating into a national spectacle full of unsubstantiated allegations and showboating by Senators. I am not as sanguine as some that this nomination may be bloodless. I do not think that the leftist political groups such as NARAL, or radical senators such as Kennedy, Schumer, and Leahy, will hold their fire. Everybody is being cautious and playing nice, even the press, but when the allegations come (and they will) they will say, "Hey we gave him the benefit of the doubt, but we didn't know about this (fill in the blank with the allegation of the day)!" By September 6th when the hearings are about to convene there will be some attempt to undermine Roberts, if they can manufacture some kind of semi-credible accusation. That is my belief. I hope it does not come true, but I just do not believe that the left will let Roberts slide through untouched. They haven't let a "trustee" nomination go through unscathed in nearing 20 years, why should they start now?

More on this article and Roberts in the coming days...

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