Bush promised to appoint justices like those he most admires. He has broken that promise.
By Geoffrey R. Stone
Published July 27, 2005
Those of us who would passionately oppose yet another "out-of-the-mainstream" right-wing nominee to the U.S. Supreme Court should sheathe our swords.
What does it mean to say that a jurist is "out of the mainstream"? On the liberal side, it might mean a judge who would hold that there is a constitutional right to welfare, that affirmative action is constitutionally mandated, that the 1st Amendment forbids government ever to invoke God, and that our freedom from "unreasonable searches and seizures" may never be compromised, even in time of war. I know many judges who hold one or more of these views, but I know none who accepts them all. Such a judge, however, would surely be out of the mainstream of American constitutional thought. He would be at the far-left fringe of the bell curve.
On the conservative side, a judge might be out of the mainstream if he would hold that states may constitutionally endorse religion, that affirmative action is unconstitutional, that Roe vs. Wade should be overruled, that the 1st Amendment prohibits any regulation of commercial advertising or corporate political spending and that the president has the authority to detain an American citizen indefinitely without any access to a lawyer or judicial review. Such a judge (think Clarence Thomas) would also be out of the mainstream of respectable constitutional thought. He would be at the far-right fringe of the bell curve.
That brings me to John Roberts. During the 2004 presidential election, George W. Bush promised to appoint Supreme Court justices like those he most admires: Antonin Scalia and Clarence Thomas. In nominating John Roberts, Bush has broken that promise, to the great good fortune of the American people. The last thing the nation needs is for one-third of the Supreme Court to be off the deep right end of the law.
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