Roberts's testimony alarms conservatives

[DoYouEverWonder]

Some contend he could be moderate

September 15, 2005

WASHINGTON -- Supreme Court nominee John G. Roberts Jr.'s testimony about the existence of a right to privacy, the importance of respecting precedent, and the need for the Constitution to adapt to changing conditions has alarmed some rank-and-file conservatives, who are filling up Internet message boards with predictions that Roberts may turn out to be a moderate justice.

Many say they believe that Roberts's answers have shown him to be to the left of Justices Antonin Scalia and Clarence Thomas, whom President Bush promised to use as models in selecting new justices. Some compare Roberts to David Souter and Anthony Kennedy -- Republican appointees who proved to be moderates who supported abortion rights.

One writer on the conservative FreeRepublic.org site wrote that yesterday's questioning by Senator Joseph R. Biden Jr., Democrat of Delaware, had ''exposed Roberts" as a moderate.

''Biden gave Roberts every opportunity to even minimally associate himself with Scalia and Thomas, and he ran away from them like he was running from a burning building -- not a good sign," the post said.

http://www.boston.com/news/nation/washington/articles/2005/09/15/robertss_testimony_alarms_conservatives/?rss_id=Boston.com+%2F+News

[bluestateguy]

1. We'll never know where he stands until it's too late

Long after he has been confirmed, puts on that black robe and can never again be held accountable for his decisions.

It's slightly possible that he could be a moderate, but I doubt it, and I won't bet on it.

[DoYouEverWonder]

3. Seems the Dems don't care for him much either

Roberts' reticence rattles Dems

September 15, 2005

WASHINGTON — Democratic senators accused John Roberts of hiding his views on end-of-life questions, privacy and other issues yesterday, but the nominee to be the nation's 17th chief justice refused to be drawn out, and Republican supporters said his confirmation is virtually assured.

Democrats' frustration boiled over several times during eight hours of questioning, as Roberts repeatedly declined to discuss his personal or judicial views on matters he said could come before the court. Some senators implored him to speak from the heart, but Roberts told them time and again that he would be guided by "the rule of law."

Sen. Joseph Biden, D-Del., said: "We are rolling the dice with you, Judge. It's kind of interesting, this Kabuki dance we have in these hearings here, as if the public doesn't have a right to know what you think about fundamental issues facing them."

Sen. Charles Schumer, D-N.Y., accused Roberts of treating the hearing room as a "cone of silence."

http://seattletimes.nwsource.com/html/nationworld/2002495843_roberts15.html?syndication=rss&source=home.xml&items=6


So if no one on either side really trusts or likes the guy, why is he going to sail through and get confirmed? Seems that in BushCo's world the less qualified you are for a job, the better.

[ReadTomPaine]

4. I'd agree - he's no moderate.

Looks like the SC will need a proper housecleaning when the time comes as well.

Bush's years in office and actions will eventually become the black hole of American politics. Everything and everyone he touches will become politically radioactive, and the SC will be no exception or haven for those who enabled him.

[Jackpine Radical]

12. Remember Earl Warren...

nominated as a right-leaner by Eisenhower...
We all know how HE turned out.

[tsuki]

16. Roberts is no Earl Warren. eom

[Jackpine Radical]

21. Nor would I suggest he is. My only point was that sometimes

you don't get what you think you're getting with one of these appointments.

[struggle4progress]

42. Everybody knew Warren was a moderate: IIRC at least once

he was simultaneously the Democratic and the Republican nominee for California governor ...

[kestrel91316]

48. Nobody knew what they were getting with Souter, and he has worked

out just fine by me.

(I suspect him to be the first gay associate justice of the SC, BTW)

[MADem]

65. Bill Maher was wondering if Roberts is #2

Apparently this photo of Roberts, two pals, and a pie got him wondering....

[SpiralHawk]

2. Roberts: a pig in a poke

Can you spell S-t-e-a-l-t-h ?

[ladylibertee]

7. YEP.! ..stealth R O B E R T S Stealth....Did I get it right?

[moobu2]

5. I don’t trust the guy at all.

I cant say why really, he didn’t exactly open up at his hearing. He probably has no soul and he's creepy.

[OKthatsIT]

14. well, as far as I can see, we can count on him being a LIAR

Everybody else Bush has 'appointed' fits the profile.

[truthisfreedom]

6. he's a sneaky fucker, that's for sure. and using humor... do we really

need conan o'brien on the bench?

[ladylibertee]

8. LOL...The talk show host? That would be fun

[fujiyama]

43. Can you imagine Conan's court opinions?

I'd much rather have him on the federal bench. He's no dummy and he's a liberal.

[0007]

9. Tis music to my ears to hear the whine. I have a gut feeling

that Roberts won't be as bad as we fear.

[sendero]

13. He either DOES take his role seriously...

.. or he is very very good at faking it.

I tend to agree with you.

[LiberalinNC]

10. How can you call him a moderate, when he didn't really answer any

of the questions?

[Ian David]

51. My "gut instinct" is that he's not a moderate, but not an extremist either

In other words, I think he will rule in a conservative yet non-biblical manner.

Which, I am afraid, is the best we can hope for right now.

And if you look in his eyes, you can see an early death by suicide just waiting to happen.

The man is not well.

What history says about him may well begin with, "He was confirmed..." but it will probably end with the words, "... before turning the gun on himself."

[LiberalinNC]

53. Yeah, there is something "spooky" about his eyes.

They say that the eyes are the key to the soul, man, I'd hate to see his soul.

[izzie]

11. I always love it when they talk about laws from overseas.

I guess they have not heard where our laws come from. Or where we got the plans for the Constitutions. Where do these people came from? What books did they have to read in school?

[Tesha]

31. The Bible. What other book is there?

> Where do these people came from? What books did they have to
> read in school?

The Bible. What other book is there?

Tesha

[TheCowsCameHome]

15. Whatever happens, It's nice to see the Repugs worrying about him

Wouldn't it be sweet to have him turn into another Souter?

[goforit]

19. He's beholden only to the powers that be (not libral/not conzervative)

We know he will only answer to Cheney/Bush.

Those dumb conservatives think they are in power????

Now that they have given Bush/Cheney so much power they just
may have no power at all.

They're in the same boat with us.

[M155Y_A1CH]

17. I'm wondering right now!

When did freerepublic become a source to quote?

Why is boston.com using them instead of KKKarl aka "unnamed",
for their propaganda?

[Blue_Tires]

33. that's my question as well

i'm a newspaper reporter and i also find that highly curious

[peacetalksforall]

18. He is a political judge - and he's not a Dem. They shouldn't fret.

He will be devestataing because they are on a devestation train and he is them.

[Lorien]

20. First and foremost, he's a whore for the mega-corporations

abortion isn't the only issue at stake here; he'll undermine the endangered species act, pollution controls, workers rights, etc. He's wanted by the megacorps, and that's why he'll be installed.

[realFedUp]

22. It's not yet Halloween, but this guy's behind a mask

Read what he wrote and actively worked on, not
his lips in front of this committee. He's a liar.

[bunny planet]

23. Or maybe the conservatives are just faking us out and want to appear

as if Roberts answers disturb them so as to throw Dems off, have us thinking we've got another Souter, then Roberts turns out to be to the right of Scalia and Thomas. I also worry that he is being placed in the top seat so that he can be in a position to choose which cases come before the court, isn't that a priviledge of being chief justice?

[WeRQ4U]

25. Here's a decent article regarding some of the Chief Justice's Duties.

http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2005/09/06/MNGDOEITFK1.DTL

[Wordie]

58. OMG...I wondered the same thing when I saw that bit about free republic!

I guess it has something to do with the smoke-and-mirrors speech of last night, huh?

[rocktivity]

24. Yawn

If he's scaring the conservatives, the liberals can feel comfortable votning for him, right? How transparent can you get?

:boring:
rocknation

[bemildred]

26. This is propaganda, bullshit. nt

[Felix Mala]

27. Never could understand why NC's reject "privacy" implicit in

Constitution. Seems like an issue right up their dead-end alley...

NC's = Neo-cons, as in "The Republican Party is really the NC Party!"

[high density]

28. Oooh, A freeper says he's a "moderate"

Wow, that's a complete surprise there, Boston Globe!

[tinfoilinfor2005]

29. Correct me (and I'm sure you will) but aren't the Senators

overlooking one obvious point? IMO this guy doesn't have enough experience under his belt to be nominated to the position of Chief Justice. I understand that his positions are well right of moderate, and that this is a concern for all citizens. But if I was having a heart transplant, I would be considering the surgeons who had been in the operating room a hell of a lot longer than a couple of years.

[CAcyclist]

38. I believe they think that's a trap.

Say the Democrats object because of his lack of experience (which is a very valid point)

So then the Republicans come back and say, Oh, it's experience you want? Ok, we choose Scalia.(Or Thomas- more likely Thomas because he's younger).

[politick]

30. Two Great Articles

on Roberts in the Village Voice, neither one completely damning, but probably accurate.

http://villagevoice.com/news/0537,turley,67758,6.html

and by Nat Hentoff, a Libertarian so consistent he demands my respect, at least:
http://www.villagevoice.com/news/0537,hentoff,67717,6.html

[silvermachine]

32. I read them both...

...and the first one (by Turley) pretty much confirms what I had been suspecting. Namely, that Roberts would probably be a more affable version of Rehnquist. Perhaps not the complete and utter freaks that Scalia and Thomas are, but not that much different.
Another comparison that could probably be made would be with (R) Sen. George Allen of Virginia. Always smiling, appearing friendly with an "aw, shucks" kind of persona, but underneath the guise, a rock solid, fairly far right conservative who will push his views as far as he can and will only moderate them when it is absolutely necessary to save face. Ugh.

[Blue_Tires]

34. i saw hentoff in the local alt. rag

i guess even he can be correct once a year

[Betty]

35. They don't want anyone who believes in a right to privacy

what a bunch of fascists.

(not that I think Roberts is a good guy, mind you.)

[TOOLZ]

36. He's gotta be a Trojan Horse

[CAcyclist]

37. They are Using Reverse Psychology

Hoping that if we see grumbling among the Republicans that we will, in a knee-jerk reaction, decide that he is not so bad - the same thing they are trying to do with Gonzalez.

A woman's right to privacy concerning abortion is considered one of the unenumerated rights contained in the Ninth Amendment. Since Roberts specifically and glaringly left that amendment off his list of amendments that he considers confers the right to privacy, I believe he will use this method to argue Roe v. Wade was incorrectly decided and can then be overruled.

[Commie Pinko Dirtbag]

39. To freepers, Augusto Pinochet is a moderate. (nt)

[Robeson]

40. "to be to the left of Justices Antonin Scalia and Clarence Thomas"...

...Torquemada is to the left of these two.

[blindpig]

41. got to remember rethug priorities

Social issues are for their drooling hordes, they're not what the masters really care about. In the end it's about money and Roberts is a corporatist. He will rule for them every time, eviscerating the ESA is certainly on the top of his to do list. Bu$h will get him in place then nominate some monster for the other open slot to mollify the fundies. Either that piece of shit will get the job or if not the fundies will have a new "martyr".

[fujiyama]

44. He'd be a Kennedy at best

and I find even that doubtful. He's likely going to be a less abrassive version of Scalia or Thomas.

The guy is certainly very intelligent, but extremely evasive. It seems impossible to get a straight answer out of him.

[GRLMGC]

45. Scalia and Thomas are the same person

It's pretty funny in a scary kind of way.

[kestrel91316]

49. Twins, joined at the brain.............

[goclark]

46. Repubs know he is telling LIES so he can get in ---they

are pretending to be upset but they aren't.


He worked for Ken Starr folks, he is a NeoCon.

[librechik]

47. Fuck you conservatives

go away, shut up, leave us alone, get a life, take a leap, just STOP!!!!! What is your problem!! Live and let live for Christ's Sake!!!

[Dr Fate]

50. Hey Rube!!!

This is bullshit folks-this is supposed to fool moderates... he is conservative.

[Carolab]

52. He's a legal whore. Defends whoever pays his bills.

Showed that today when he was asked whether he would exercise his own conscience in "turning down" a certain client because their position violated civil rights--discussed in regard to a Colorado case denying rights to gays and lesbians.

He answered, as he always does, that he observes "the rule of law" and "the Constitution". We all know that the Constitution can be misinterpreted any number of ways, as can just about any precedent, and just about any law can be overturned depending on who the judge is.

He seems to be saying that ethical considerations don't have any bearing at all in any matters before the court--merely how persuasive an argument is.

What a whore.

[WI Independent]

57. Only way our legal system works...

How many attorney's would defend pedophiles if they weren't obligated to do so?

[Carolab]

59. But, see, this is what steams my beans, this "exclusion".

How come health care providers are allowed to jump over the Hippocratic oath and deny certain persons certain treatment/care because of "conscience clauses", but lawyers are not?

Why do real estate professionals subscribe to a code of ethics that requires them to turn down business when a prospect wants them to "bend the laws" (i.e., tells them not to rent/sell to certain people).

Lawyers are not bound by ethics, apparently. And Roberts is obviously not bothered by it, either.

[WI Independent]

61. The legal system is dependent on the defendant...

having an advocate. This is a fundamental right in our system. Without an attorney the defendant couldn't be put on trial and would have to be freed. The system only works if attorneys are compelled to advocate for the defendant.

There is no guarantee of the right to have a particular medical procedure done regardless of the advise of the doctor. And there certainly is no guarantee to representation by a real estate agent.

[Carolab]

62. But, still, the attorney has no obligation to take a particular case!

The same is true of a physician or a realtor. If a particular client of an attorney, or would-be client of an attorney, wishes to enlist that attorney's aid in "bending the law", then that attorney should have the conscience to say "no".

On edit: Howard Dean says it better than I.

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x4800523

[Tyrone Slothrop]

54. "The importance of respecting precedent"

The fact that this "alarms" conservatives should tell you all you need to know about the hypocrisy inherent within the current Republican party.

[Az_lefty]

55. OMG...a moderate ?????? What's next, the Rapture?

:rofl:

[txaslftist]

56. UGH! I been sayin this! He's pro-choice!

The Republican Party doesn't want Roe overturned.

It is an issue they can resurrect every election cycle to divide the natural base of the Democratic Party.

[TheDonkey]

60. I think Roberts is a closet moderate

or at least that's hopeful thinking. There is no reason for him to be so coy for some questions with republicans packing the congress. I don't think he's a scalia or thomas.

[melody]

63. Bush is the high priest of Trojan Horses

He promises one thing and delivers the exact opposite.

I expect only the immoderate worst from Roberts.

[TheStates]

64. He's as moderate as Joseph Stalin....

Please, the guy is a red-wing federalist society corporate broker. He's against civil rights more than anything. He's just lying his way through nomination to be confirmed, the guy is nothing close to moderate.

His views on abortion aren't even the main thing....its his disdain for voting rights and civil rights.

[orleans]

66. re: article: oh, don't try to make me feel any better about him n/t

[Skittles]

67. I think he has been coached

absolutely