Roberts' Vote in Toad Case Is Dissected

[Eugene]

Roberts' Vote in Toad Case Is Dissected


Tuesday August 2, 2005 2:46 AM

AP Photo NY129

By GINA HOLLAND

Associated Press Writer

WASHINGTON (AP) - A toad may offer insight into John Roberts' legal
philosophy. The Supreme Court nominee voted against the amphibian in
a 2003 case testing the powers of the federal government, a decision
that suggests he may be inclined to support state or local interests
on issues from civil rights to pollution control if confirmed to the
high court.

<snip>

Roberts, 50, has not spoken publicly since being picked by President
Bush to replace retiring Sandra Day O'Connor. He dealt with the issue
of federal-state control just once in his two years as an appeals
court judge.

In that case, Roberts suggested that federal power is limited, urging
the court to reconsider its decision restricting a San Diego area
construction project because it encroached on the habitat of the rare
arroyo southwestern toad. He questioned whether "a hapless toad that,
for reasons of its own, lives its entire life'' in one state could be
regulated by the federal government. His view did not prevail.

Doug Kendall, executive director of the environmental public interest
law firm Community Rights Counsel, called Roberts' reasoning
"enormously disconcerting."

http://www.guardian.co.uk/worldlatest/story/0,1280,-5183149,00.html

[Fridays Child]

1. Well, you gotta love that headline.

[Mr_Spock]

2. Hahaha - the headline made me post

I didn't read the article - sorry :D

[Deja Q]

3. !

:rofl: