Not Fillibusterable

[Perky]

Look no one expected BUsh to select a Liberal. Roberts is fairly unspectactular..probably benign..Is not an anti-abortion goon.

Honestly I hop we take a pass at a fight....I think we will look pissed just to look pissed and I think the midterms are about intefgrity and honest an a don-nothing congress.

I hope we don't take the bait...keep the Focus on Rove.

[noamnety]

1. gosh

He supported a gag order to prevent doctors from using the word abortion while talking to a woman.

He has said that Roe vs Wade should be overturned.

What does a person have to do to qualify as an anti-abortion goon?

Bad for women, bad for the environment, bad for civil rights ... good for Enron.

[Career Prole]

10. "What does a person have to do to qualify as an anti-abortion goon?"

Apparently it would have to involve explosives... :shrug:

[DefenseLawyer]

16. I hate to keep saying this

but he represented a client, the Bush Administration, that supported a gag order and when he said in a legal brief written on behalf of his client that Roe v. Wade should be overturned, it was because that was his client's position. That is not to say he doesn't hold those views personally, he probably does, but a lawyer's job is to advocate his client's position, which may or may not be his own. There are I'm sure plenty of other examples with which to go after this guy, but it's wrong to use those actions as a lawyer, which I will assume he did ethically and within the rules of the court, to make a judgment.

[noamnety]

19. Let me put it this way

I wouldn't take a case that involves me accepting payment for curtailing women's rights.

[DefenseLawyer]

23. Well he worked in the solicitor general's office

meaning he was a government lawyer charged with advocating their position, whatever it might be. As such he didn't "take the case", the government took a position in the case and as their lawyer he advocated that position. Now one could argue that you wouldn't want to do such a job for a republican administration, neither would I. But my point was only that it isn't necessarily accurate to grab a "quote" from a legal brief and attribute it to the attorney's personal beliefs. I am not saying that in fact those AREN'T his personal beliefs, I don't know, but I think his rulings from the bench, law review articles and other writings would be a better place to look for his personal beliefs than from positions that he advocated as an appellate lawyer.

[noamnety]

28. If you had to take a case

arguing against civil rights for minorities, would you argue in a way that included a statement "blacks are inferior"? I suspect there was a way to argue that case without making a statement like: We believe Roe vs Wade was wrongly decided and should be overturned.

He's responsible for the statements he makes. I have worked for bosses who I disagreed with vehemently on ethics. I'm not a lawyer, but I've been a security manager for the government, and, without going into details, there were cases (including one that got national media) that I refused to get involved with because of ethical differences.

[ruggerson]

20. He also said in his first confirmation hearing

that he would have no problem upholding Roe V Wade. Now, granted, Appellate judges are kind of forced to do that, but this guy is no anti abortion religious rightwing fundamentalist.

He's a country club, traditional Republican who will probably end up dismaying the religious rightwingers and surprising us.

[ewagner]

31. Correct me if I'm wrong

but wasn't his assertion that Roe v. Wade be overturned a gratuitous assertion, absolutely unrelated to the point of law being argued in the case?

[HockeyMom]

2. Have to focus on BOTH

[Caution]

3. Have you been paying attention?

The guy is on record saying that Roe wsa wrongly decided. He's also an anti-environment guy and a member of the federalist society. He's another Scalia. He should be filibustered and the Rove thing won't go away. Indictments will ensure that.

[Mojambo]

4. It's not just about his abortion stance

He's pretty damn cold on Civil Rights and is another rampant corporate whore. If that's not fillibusterable, I don't want to live in this country anymore.

On edit - Increased media attention on Rove (while it feels good) does NOTHING to advance the cause of the special prosecutor. That work gets done whether people talk about it or not.

[Windy]

11. Agreed

"On edit - Increased media attention on Rove (while it feels good) does NOTHING to advance the cause of the special prosecutor. That work gets done whether people talk about it or not."

Good point!

[stevietheman]

21. But Fitzgerald isn't the only potential investigator!

If the MSM keeps the story alive, there would necessarily be some investigative reporting going on. Do NOT let them drop the ball... instead, encourage them to find out more dirt!!!

[sandnsea]

22. I agree

I haven't dug into his record, but if there are some real hot button issues people can grab on to, then we should fight. I just have the feeling that trying to oppose him on abortion alone is going to sound old and tired.

[ProfessorGAC]

29. He Argued Against Title IX For The NCAA

The Professor

[ret5hd]

5. hmmmm...just read on another thread...

Roberts Wrote that Roe v Wade Was "Wrongly Decided and Should be Overturned."

In 1990 while serving as the Deputy Solicitor General, Roberts coauthored a brief in the case of Rust v. Sullivan, "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." Brief for the Respondent, Rust v. Sullivan, 1989 U.S. Briefs 1391 (1990).

Roberts Wrote Amicus Brief in Support of Radical Anti-Choice Group.

While serving as Deputy Solicitor General, Roberts authored an amicus curiae brief in the Supreme Court in the case of Bray v. Alexandria Women's Health Clinic. Roberts filed the brief in support of the radical anti-choice group, Operation Rescue that had blocked access to woman's health care clinics. Roberts wrote that the protestors had not amounted to the discrimination of women "even though only women can have abortions."


c'mon people...don't take the bait...right.

[bowens43]

6. Yes, he is an anti-abortion goon

in addition to that he helped bush steal the 2000 election and has twice been rejected by the US Senate for seats on the federal bench.

[skids]

7. Well, it might be worth getting Repugs upset at the pick.

For instance, it turns out he taught a class on international trade issues at one point. Seeing if some of his material would get factions of the Repugs up in arms might be fun.

(There's also tons of stuff from him, I think, at the reagan library, most of it requiring FOIA requests.)

But, back to the Plame Affair for me.

[converted_democrat]

8. Why not? He's already been blocked twice. n/t

[Perky]

9. Umm He as a staff attorney for Ed Meese

WHat did you expect him to write?

[converted_democrat]

17. He is an anti-abortion goon. He has stated publicly he thinks Roe vs.

Wade should be overturned, on more than one occasion.

[converted_democrat]

18. What are you talking about????????

He has personally said he thought Roe vs. Wade should be over turned.
I realize he was representing Mease at one time, but the statement I am referring to has nothing to do with Mease. This was Roberts personal view.

[joemurphy]

12. Actually, I'm surprised. I don't like Roberts, but...

He appears to be better than I expected. I agree he isn't worth making an issue of. Bush could easily just put up someone worse.

It could be the right-wingers will do our job with Roberts anyway. I
suspect that they aren't going to be that happy with him anyway.

[Guaranteed]

13. Bad, bad vibes. This is not good. nt

[tsuki]

14. Maybe it's the military brat in me, but anyone who would seek an

appointment from this traitorous administration is damned by association. I keep wondering what Eisenhower, Goldwater and Nelson Rockefeller would think.

On edit: I sometimes wonder what Bush41 thinks.

[Hippo_Tron]

27. Bush 41 is thinking "I wish Clinton was my son"

[fujiyama]

15. Benign?

Check out his rulings on slate:

http://www.slate.com/id/2121270/


Civil Rights and Liberties
For a unanimous panel, denied the weak civil rights claims of a 12-year-old girl who was arrested and handcuffed in a Washington, D.C., Metro station for eating a French fry. Roberts noted that "no one is very happy about the events that led to this litigation" and that the Metro authority had changed the policy that led to her arrest. (Hedgepeth v. Washington Metropolitan Area Transit Authority, 2004).

In private practice, wrote a friend-of-the-court brief arguing that Congress had failed to justify a Department of Transportation affirmative action program. (Adarand Constructors, Inc. v. Mineta, 2001).

For Reagan, opposed a congressional effort—in the wake of the 1980 Supreme Court decision Mobile v. Bolden—to make it easier for minorities to successfully argue that their votes had been diluted under the Voting Rights Act.

Separation of Church and State
For Bush I, co-authored a friend-of-the-court brief arguing that public high-school graduation programs could include religious ceremonies. The Supreme Court disagreed by a vote of 5-4. (Lee v. Weisman, 1992)

Environmental Protection and Property Rights
Voted for rehearing in a case about whether a developer had to take down a fence so that the arroyo toad could move freely through its habitat. Roberts argued that the panel was wrong to rule against the developer because the regulations on behalf of the toad, promulgated under the Endangered Species Act, overstepped the federal government's power to regulate interstate commerce. At the end of his opinion, Roberts suggested that rehearing would allow the court to "consider alternative grounds" for protecting the toad that are "more consistent with Supreme Court precedent." (Rancho Viejo v. Nortion, 2003)

For Bush I, argued that environmental groups concerned about mining on public lands had not proved enough about the impact of the government's actions to give them standing to sue. The Supreme Court adopted this argument. (Lujan v. National Wildlife Federation, 1990)

Criminal Law
Joined a unanimous opinion ruling that a police officer who searched the trunk of a car without saying that he was looking for evidence of a crime (the standard for constitutionality) still conducted the search legally, because there was a reasonable basis to think contraband was in the trunk, regardless of whether the officer was thinking in those terms. (U.S. v. Brown, 2004)

Habeas Corpus
Joined a unanimous opinion denying the claim of a prisoner who argued that by tightening parole rules in the middle of his sentence, the government subjected him to an unconstitutional after-the-fact punishment. The panel reversed its decision after a Supreme Court ruling directly contradicted it. (Fletcher v. District of Columbia, 2004)

Abortion
For Bush I, successfully helped argue that doctors and clinics receiving federal funds may not talk to patients about abortion. (Rust v. Sullivan, 1991)

Judicial Philosophy
Concurring in a decision allowing President Bush to halt suits by Americans against Iraq as the country rebuilds, Roberts called for deference to the executive and for a literal reading of the relevant statute. (Acree v. Republic of Iraq, 2004). In an article written as a law student, argued that the phrase "just compensation" in the Fifth Amendment, which limits the government in the taking of private property, should be "informed by changing norms of justice." This sounds like a nod to liberal constitutional theory, but Rogers' alternative interpretation was more protective of property interests than Supreme Court law at the time.

[SlightlyWorried]

24. The skinny on him is ...

That he is about as smart as they come and he is very likeable.

If the democrats try to get in his grill during the confirmation hearings and/or try to fillibuster his it could turn ugly very quickly.

The WH made a smart appointment.

This guy is at least as smart as Scalia who, as you will remember, passed the confirmation hearings unanimously and virtually uncriticized.

It would be retarded to fillibuster him unless someone finds some skeletons.

[quinnox]

25. good post

There are many who echo your comments tonight

[Hippo_Tron]

26. The Senate hasn't looked into him yet

The White House vetters have certainly made mistkaes in the past. Kerik was certainly one of him.

Let's wait till we know more about this guy before we start yelling don't fight or do fight. BTW, if the Democrats do take up this fight, they need to take some lessons on explaining to people what exactly they are fighting FOR.

[natrat]

30. probably benign.

if you dont mind a strip mine in your back yard