Federalist Society or no, John Roberts now seems almost assured of winning confirmation as the Supreme Court’s newest justice (barring an eleventh hour revelation of impropriety, of course.) So, the Dems plan for the next best thing, which is to use the Roberts hearings as political theater with which to expose general right-wing looniness. Hmmm. Might work, I suppose. Hopefully, the Dems will keep their eye on the ball and make sure any gamesmanship on Roberts doesn’t suck the press away from the still-growing White House felony investigation, which now seems to include possible perjury and obstruction of justice charges for Rove, Libby, et al. Update: Wilson’s revenge? Salon suggests the operative law in the Rove case may be the Espionage Act of 1917, which isn’t what you’d call one of progressivism’s better moments.
Category: The Supreme Court
Mister Roberts.
“What the social conservatives want is someone who will overturn Roe. v. Wade and change the court’s direction on privacy…But [Roberts] represents the Washington establishment. These Washington establishment people are not revolutionaries, and they’re not out to shake up constitutional law. They might make course corrections, but they’re not trying to sail the boat to a different port.” So, John Roberts. (I was traveling/working and missed out on yesterday’s Clements bubble.) Early word seems to be that he’s a tried-and-true conservative — A member of the Federalist Society, he was a Rehnquist clerk and a protege of Ken Starr — but not necessarily an ideologue or throwback. He seems a bit shaky on civil liberties, at least if you’re a Guantanamo inmate or a 12-year-old eating fries on the DC Metro. (And, of course, there’s the worrying inconsistency on Roe v. Wade.) But, my first impression, like many, is that Dubya could’ve picked a lot worse. Still, let’s get him before the Senate and see what comes out. Update: Hmmm…questionable on the environment, voting rights, and church-state separation too.
Rehnquist Remains.
Soon after returning from a two-day stint at the Virginia Hospital Center, Rehnquist announces he’s staying on the Court (which may well speed up Dubya’s announcement of O’Connor’s replacement.) Well, big of the Chief to finally tell us. What was the holdup, and why so coy a week ago?
Moderation in all things.
“‘I’m not sure where people get judgment,’ Professor Powe said in an interview on Wednesday. ‘I’m quite sure it doesn’t come from the law school context. But really good politicians have it. They know how far they can go, and when they have reached a good stopping point.'” As the Senate’s moderate “Gang of 14” looks to navigate the rocky shoals ahead, the NYT‘s Linda Greenhouse makes the case for a return to the longstanding tradition of non-judge justices.
Goring Alberto.
“As lawyer for the governor in the Texas Statehouse from 1994 to 1997, Gonzales was responsible for advising Bush about whether he should delay the death sentences of capital murderers…As my colleague Phillip Carter has written, Gonzales’ work on this life-or-death task ‘would have barely earned a passing grade in law school.'” Slate‘s Emily Bazelon argues that rabid right-wingers are correct on one account: Alberto Gonzales would make a lousy Supreme Court justice.
Courtside.
As Washington waits for word from Rehnquist, Senate Dems sit by the phone, and the Left arms for a Last Battle of sorts, Judiciary Committee Chairman Arlen Specter muddies the waters by suggesting that the new Chief Justice be…Sandra Day O’Connor?
Double Down Dubya.
Can Dubya have his cake and eat it too? Crossfire correspondent and Douchebag of Liberty Robert Novak hints that Rehnquist will also leave the Court this week. As the article suggests, this may be good news for the Dems, as it seems unlikely that Dubya will be able force through two hard-core right-wingers in a row, even with Fred Thompson at the helm…or at least one hopes. Update: The terrain shifts for twin appointments.
S9 > G8.
As Dubya heads off to G8 (although not before pushing back on Gonzales), Washington DC continues to gird for the Supreme Court fight ahead, with Senators of both parties airing their respective views on questioning candidates, the Post previewing the fall 2005 Supreme slate, and everyone else trying to guess Dubya’s probable pick. Of course, even a hardline conservative may not decide as Dubya intended…although that’ll be small consolation for the Dems should one get through.
Ever Watchful.
“Concealed within his fortress, the Lord of Mordor sees all. His gaze pierces cloud, shadow, earth and flesh. You know of what I speak, Gandalf — a Great Eye, lidless, wreathed in flame.”. (Via Supercres.)
(And, while I’m quoting our fallen friend, Saruman of Many Colors: “The hour is later than you think. Sauron’s forces are already moving. The Nine have left Minas Morgul…they crossed the river Potomac on Midsummer’s Eve, disguised as judges in black.“)
Big Doings.
It’s on…Justice Sandra Day O’Connor announces her retirement. “Because she is a moderate, her departure gives President Bush a major opportunity to alter the direction of the court if he so chooses.” Round 1 looks to begin July 8. (Possible contenders.)