The stealth appointeeBoston Globe
Thomas Oliphant
September 13, 2005JOHN ROBERTS is poised to win confirmation as the next chief justice of the United States because, among other things, he knows the law cold. But after one of the most near-perfect, resume-punching voyages ever to the Supreme Court, there is almost no evidence of his understanding of justice.
This has nothing to do with the overwhelming odds of his confirmation by the Senate. It does, however, have something to do with how his possibly routine elevation should be received.
To illustrate, I have no doubt that his encyclopedic knowledge of constitutional history includes a detailed understanding of Plessy v. Ferguson, the landmark abomination that enshrined segregation in 1896 for another 58 years under the delusional mantra of ''separate but equal." It wouldn't surprise me if Judge Roberts could quote sentences from Justice Henry Brown's majority opinion on behalf of eight brethren and even from John Harlan's passionate dissent.
But I doubt very much that Roberts knows beans about Homer Plessy, and I can imagine him being tripped up even if asked Plessy's first name. It is that human face of justice, or injustice, that concerns me, and, from the available record anyway, has never interested Roberts.
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