Reply #6: Thanks for the links. [View All]

[Laelth]

Just to be clear, I like People for the American Way, and I generally support their positions.

I just read Justice Roberts' dissent in the frog case. The DC Circuit refused to hear a case in which a 3 judge panel had ruled for the application of the ESA. Roberts and another judge thought the circuit should hear the case, en banc (as a whole) to bring the law of the DC Circuit "in line" with recent Supreme Court rulings. The DC Circuit, evidently, didn't want their jurisprudence "in line" with the Supreme Court, so they refused to hear the case.

And Roberts is no dummy. He knew the DC Circuit was going to refuse to hear the case. So, why did he dissent? Pure political posturing ... getting Shrub's attention. IMHO, this says more about his desire to be on the Court than it does about his opinion of the ESA.

He's no saint, mind you. I'm just not convinced from this dissent that he wants to throw out the ESA.

-Laelth