(the LA Times online has a good section called
CourtBriefs...differing opinions, sites on
Roberts. This is one opinion which I agree with)
http://www.latimes.com/news/opinion/weblog/oped/archives/2005/07/prove_hes_not_a.html#moreJuly 20, 2005
Prove He's Not Another Scalia, Don't Just Say It
Erwin Chemerinsky
(is Alston & Bird professor of law and political science professor at Duke University.)
John Roberts is being presented as something of a stealth candidate because there is seemingly so little of a paper trail concerning his views on key issues that are likely to be decided by the Supreme Court. Quite the contrary, every available indication of his record is enormously troubling for those who care about issues such as civil liberties and civil rights. Indeed, I challenge his supporters to show anything in his record to indicate that he will not be a far-right Justice in the mold of Antonin Scalia or Clarence Thomas.
For example, on the abortion issue, as an attorney at the United States Department of Justice, Roberts signed or wrote several briefs, and argued key cases, urging restriction of abortion rights. There is nothing to indicate that these are not his views on abortion or to suggest that he will not be a vote to limit reproductive choice. Imagine in the 1950s a nominee who had consistently written briefs urging the overruling or limiting of Brown v. Board of Education. The nominee should have been rejected by the Senate unless he or she could show that the written record was not an accurate reflection of the person's views. That is exactly how the Senate should treat John Roberts.
Thus, it is essential that Roberts explain his personal views on key issues, ranging from how the Constitution should be interpreted to specific matters such as abortion rights, affirmative action, and separation of church and state. Without answers to these questions, Senate Democrats should refuse to confirm him, including through a filibuster.
Roberts has the potential to change the law in key areas such as reproductive freedom, separation of church and state, and affirmative action where Justice O'Connor had been the fifth vote for the majority. Senate Democrats must insist that they will filibuster Roberts unless they are convinced that he is not as far to the right as everything in his record suggests.