August 05, 2005
My views on Roberts
Let me be clear about something. Well, several somethings.
I think Roberts will get confirmed (barring any sudden surprise rulings involving the kicking of puppies), and that if there is some torpedoing of his nomination, it will come from the wingnut right. Why? Because they are the ones in power and there isn’t enough worrisome aspects to Roberts for Dems to win the public relations aspect of a filibuster.
Lets be clear, though. Roberts was picked primarily because he is a shadow candidate. If you think this was by accident, you’re fooling yourself. Bush picked him precisely because he knew that there would be little available on Roberts (and what is available would be carefully doled out).
So, really, there are two possibilities. Roberts is a centrist, and Bush is hoping to slip him past the right wing (which is why the ‘gay’ work was not mentioned) or Roberts is a Scalia clone and Bush is trying to slip him passed the moderates and left (which is why the gay case was brought out).
We don’t know, at this point, which reality is true. I’m guessing, however, it’s the latter. Why?
- Bush nominated him, and has been clear as to the type of justice he wants.
- The right wing groups in power, save a few, haven’t been riled by the Gay announcement – and they surely would if they thought he would support Lawrence.
- Roberts has publicly (and more recently, I believe) stated he doesn’t think there is a protected right to privacy.
So, if you want to support Roberts because you believe that justices should be more like Scalia than Souter, than that’s fine. Call your Senator, write Bush, take part in the process. If, however, you’re hoping for a Justice who recognizes a right to privacy and would be good for Gay rights, then don’t point to a single flower in a field of manure and try telling me it’s a garden.
I know what it smells like.
(This is my stance today, based off of all that has been reported. Certainly, as the process evolves, so can my opinion)