John Roberts Jr for Supreme Court opening

<p>I thought President Bush was gonna nominate a woman for the Supreme Court....</p>

<p><a href="http://www.cnn.com/2005/POLITICS/07...main/index.html%5B/url%5D"&gt;http://www.cnn.com/2005/POLITICS/07...main/index.html&lt;/a&gt;&lt;/p>

<p>John Roberts </p>

<p>John Roberts </p>

<p>Age: 50 </p>

<p>Graduated from: Harvard Law School. </p>

<p>He clerked for: Judge Henry Friendly, Chief Justice William Rehnquist. </p>

<p>He used to be: associate counsel to the president for Ronald Reagan, deputy solicitor general for George H.W. Bush, partner at Hogan & Hartson. </p>

<p>He's now: a judge on the U.S. Court of Appeals for the D.C. Circuit (appointed 2003). </p>

<p>His confirmation battle: Roberts has been floated as a nominee who could win widespread support in the Senate. Not so likely. He hasn't been on the bench long enough for his judicial opinions to provide much ammunition for liberal opposition groups. But his record as a lawyer for the Reagan and first Bush administrations and in private practice is down-the-line conservative on key contested fronts, including abortion, separation of church and state, and environmental protection. </p>

<p>Civil Rights and Liberties </p>

<p>For a unanimous panel, denied the weak civil rights claims of a 12-year-old girl who was arrested and handcuffed in a Washington, D.C., Metro station for eating a French fry. Roberts noted that "no one is very happy about the events that led to this litigation" and that the Metro authority had changed the policy that led to her arrest. (Hedgepeth v. Washington Metropolitan Area Transit Authority, 2004). </p>

<p>In private practice, wrote a friend-of-the-court brief arguing that Congress had failed to justify a Department of Transportation affirmative action program. (Adarand Constructors, Inc. v. Mineta, 2001). </p>

<p>For Reagan, opposed a congressional effort—in the wake of the 1980 Supreme Court decision Mobile v. Bolden—to make it easier for minorities to successfully argue that their votes had been diluted under the Voting Rights Act. </p>

<p>Separation of Church and State </p>

<p>For Bush I, co-authored a friend-of-the-court brief arguing that public high-school graduation programs could include religious ceremonies. The Supreme Court disagreed by a vote of 5-4. (Lee v. Weisman, 1992) </p>

<p>Environmental Protection and Property Rights </p>

<p>Voted for rehearing in a case about whether a developer had to take down a fence so that the arroyo toad could move freely through its habitat. Roberts argued that the panel was wrong to rule against the developer because the regulations on behalf of the toad, promulgated under the Endangered Species Act, overstepped the federal government's power to regulate interstate commerce. At the end of his opinion, Roberts suggested that rehearing would allow the court to "consider alternative grounds" for protecting the toad that are "more consistent with Supreme Court precedent." (Rancho Viejo v. Nortion, 2003) </p>

<p>For Bush I, argued that environmental groups concerned about mining on public lands had not proved enough about the impact of the government's actions to give them standing to sue. The Supreme Court adopted this argument. (Lujan v. National Wildlife Federation, 1990) </p>

<p>Criminal Law </p>

<p>Joined a unanimous opinion ruling that a police officer who searched the trunk of a car without saying that he was looking for evidence of a crime (the standard for constitutionality) still conducted the search legally, because there was a reasonable basis to think contraband was in the trunk, regardless of whether the officer was thinking in those terms. (U.S. v. Brown, 2004) </p>

<p>Habeas Corpus </p>

<p>Joined a unanimous opinion denying the claim of a prisoner who argued that by tightening parole rules in the middle of his sentence, the government subjected him to an unconstitutional after-the-fact punishment. The panel reversed its decision after a Supreme Court ruling directly contradicted it. (Fletcher v. District of Columbia, 2004) </p>

<p>Abortion </p>

<p>For Bush I, successfully helped argue that doctors and clinics receiving federal funds may not talk to patients about abortion. (Rust v. Sullivan, 1991) </p>

<p>Judicial Philosophy </p>

<p>Concurring in a decision allowing President Bush to halt suits by Americans against Iraq as the country rebuilds, Roberts called for deference to the executive and for a literal reading of the relevant statute. (Acree v. Republic of Iraq, 2004) </p>

<p>In an article written as a law student, argued that the phrase "just compensation" in the Fifth Amendment, which limits the government in the taking of private property, should be "informed by changing norms of justice." This sounds like a nod to liberal constitutional theory, but Rogers' alternative interpretation was more protective of property interests than Supreme Court law at the time. </p>

<p><a href="http://slate.msn.com/id/2121270?GT1=6657%5B/url%5D"&gt;http://slate.msn.com/id/2121270?GT1=6657&lt;/a&gt;&lt;/p>

<p>sounds good to me... hope he gets confirmed</p>

<p>I agree, now let a few of the older or more liberal justices die or retire ;)</p>

<p>This is just the kind of person I was hoping for.</p>

<p>One or two of those rulings scares the heck out of me (especially the last one), but I know NOTHING about the details of those cases nor does the author of this post in all probability. As long as this nominee interprets things as our founding fathers or the other law makers would of wanted him to, i.e., as an ORIGINALIST (it saddens me to death we have to even come up with a label for such a judicial philosophy), then we should be ok. The judicial branch is intended to be the final check on mob-majority-rule in our Democratic Republic. It's sickening that the socialist elites in this country even TRY to make judicial nominations a Republicans versus Democrat issue...as if party-affiliation even MATTERED in this branch, where judges are entrusted by the people and other founding documents to interpret law how it was meant to be interpreted when written (in other words, personal opinion plays no role). </p>

<p>Kind of makes sense I guess...</p>

<p>When Democrats can't win elections they feel they have to push for their ideologies through the court system where the people have no voice and there are no limits on how crazy they can be. To be fair, I would be saying the same thing if it were Republicans doing this, but our party would never stand for it.</p>

<p>
[QUOTE]
It's sickening that the socialist elites in this country even TRY to make judicial nominations a Republicans versus Democrat issue...as if party-affiliation even MATTERED in this branch

[/QUOTE]

Well, of course party-affiliation matters, but as you first implied, it is not the central issue.</p>

<p>
[quote]
Well, of course party-affiliation matters, but as you first implied, it is not the central issue.

[/quote]
</p>

<p>Then what on earth is? Oh, I know! Is it judges in the Supreme Court using FOREIGN LAW to justify interpretations of AMERICAN DOCUMENTS?! Is it judges legislating from the bench through decisions that try to establish what they (the JUDGES) think are the "evolving standards" of justice?! </p>

<p>You think I'm making up those examples to prove a point? Nope! Justice Breyer and his other liberal-elitist buddies not only legislates from their judicial pedistals using those very justifications, they go out in public and BRAG ABOUT IT. </p>

<p>I have to ask people on this forum: how far do you think "legislators" like Justice Breyer would get in a national election? </p>

<p>It's sick. It's a total spit in our system's face. It's happening every day...</p>

<p>watch the fillibuster in action once more :)</p>

<p>or the nuclear option :D</p>

<p>Hey, George, I'm on your side, I was just pointing out that if the candidate so subscribes to a particular philosophy as to join a party, it should merely be considered with the rest of his attributes. The important thing to look at is why he joined the party, not which party it is. Ideally, a judge would be nonpartisan, and in that light, the motivations for joining a party not only could be considered, but should be.</p>

<p>Thanks for the info on Roberts. Looks like he passes the conservative litmus test.</p>

<p>eh - I kinda wish Bush had kept the court balanced with a more O'Connor-like moderate (a woman would have been good too). I'm disappointed in this choice.</p>

<p>
[quote]
It's a total spit in our system's face.

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</p>

<p>That is incorrect; only partial spit is inflicted.</p>

<p>George S,</p>

<p>The notion of "judicial activism" or "legislating from the bench" is utterly meaningless unless examples can be cited from both the left and the right. If not, it is silly, useless rhetoric, partisanship masking as high-mindedness.</p>

<p>Let America become a Christian state that will convert us "heathens" to Christianity and end poverty, promote abstinence, and bring world peace ;).</p>

<p>I am extremely wary of this pick. What I am afraid of is that Roberts is a true hard line conservative and fairly activist (like Scalia and Thomas). His lack of having a paper trail makes it extremely hard to fight against him. This is a great way for the Bush administration to get a vote to overturn Roe v Wade (which would be a sad day for America) as well as get two activist judges on the Court once Rehnquist retires. </p>

<p>I am truly afraid of this nomination.</p>

<p>well. I can't say this nomination comes as a surprise</p>

<p><em>sigh</em></p>

<p>After reviewing his past, the Senate might come to a very very very close split...I have a feeling that a majority of the moderate-Republicans like McCain and Hatch will vote against Roberts' nomination.</p>

<p>He is a quiet threat. There is not much he has done so you can't say much about him. No one really knows what he will do. He could be so deranged that he sinks the country. At the same time he may become a good moderate. But his views on church/state and abortion don't agree with mine, and I think they don't agree with the vast majority of people who aren't bible thumpers (no offense to anyone).</p>

<p>Why do people make rude comments and then follow them (or precede them) with, "no offense"? Do they think that saying that negates their rudeness?</p>

<p>How is it rude. That is a term used by almost everyone, because thats what they do. This is life and people can say whatever they want this is of course America. Its my view, and the medias view that these people sit there saying Bible says this Bible says that.</p>