Roberts Out of Committee

Roberts is successfully out of committee. Surprisingly he did get three Democratic votes. This vote should be seen in the context of both sides jockying for position to win the battle of public opinion on the next nominee. The fact that Patrick Leahy voted for Roberts does not mean that Leahy truly supported him, likely it means that now when the next nominee comes up Leahy can credibly say that he is not unreasonable, since he did support Roberts, but this nominee (fill in the name) is just too extreme and he will have to vote against them. The Dems will likely seek to have enough votes against Roberts to satisfy their core constituencies but enough votes to try and credibly claim that they worked with Bush on the Roberts nomination. By appearing reasonable on Roberts it gives them more room to conduct an all out war on the next nominee. They can tell the public, "See we can work with Bush when he sends 'moderate' judges, but this one is just too extreme."

There will likely be little difference between Roberts and the next pick except for the fact that they will be replacing O'Connor not Rehnquist.

All the while the Republicans will seek to paint the tepid Democratic support for Roberts as proof that they are unreasonable and cannot be satisfied, thus the Republicans will be justified in changing Senate rules should the Dems filibuster the next nominee.

The relative ease with which Roberts will be confirmed will only serve to doubly intensify the next battle.

Roberts will not alter the balance on the court. The next nominee will. Dems cannot let that happen for the Court has been their most reliable and forceful public policy organ.

"WASHINGTON Sep 22, 2005 — The Senate Judiciary Committee on Thursday approved John Roberts' nomination as the next Supreme Court chief justice, virtually assuring his confirmation by the Senate next week.
The official tally of 13-5 was anticlimatic, with the committee's 10 majority Republicans lined up solidly behind the conservative judge's nomination to the full Senate weeks in advance.
But the decision by three Democrats to join Republican efforts to make Roberts the nation's 109th Supreme Court justice outlined the division in the minority caucus over whether Democrats can, or should, mount even symbolic opposition to Roberts to send President Bush a message on his next Supreme Court nomination..."

Read the Rest...