Wednesday, July 20, 2005

Another View On Roberts

Thanks to Fletcher Christian for his take on the nomination of John Roberts to the Supreme Court.

President Bush's nomination of John G. Roberts to the Supreme Court of the United States was not in the least surprising. Judge Roberts is highly qualified, well-respected by his colleagues, and known for being a thoughtful jurist. Is he conservative? Of course. But did we expect this president to nominate anyone less conservative than Roberts? Only a fool would have labored under that delusion.

To those on the left who object to the nominee, I say 'tough.' Judge Roberts is not the worst person President Bush could have nominated to the Court. In fact, he is likely the best we could have hoped for given the track record of this White House.

However you feel about their politics, the men and women of this West Wing are master tacticians. They nominated the most conservative, qualified person they could find who would garner at least 50 votes in the Senate and make Senate Democrats look silly if they filibustered the nominee. This is how this White House plays every decision. They demand the absolute maximum that will garner the minimum votes necessary to win. It's no different with the case of Judge Roberts.

When the President said that he would like to nominate someone to the Court in the mold of Antonin Scalia or Clarence Thomas, he wasn't kidding. (Thankfully, he nominated someone closer to the qualifications of Justice Scalia instead of the woefully inadequate Thomas, whose legal mind is outshone by anyone you could reach at 1-800-LAWYER.) Unless Bush or any president nominates someone to the Court who rejects the very basic precepts of America jurisprudence, that nominee will be confirmed. All one need do is look at the tiny number of Court nominees who have ever been rejected by the Senate to understand this fact. The nominee must either be mentally unfit (Washington-nominated Rutledge), wholly unqualified (Nixon-nominated Carswell), or completely contemptuous of senators (Reagan-nominated Bork) to be denied a seat on the Court.

Conservative presidents nominate conservative nominees; moderates nominate moderates, and so on. The lesson for liberals is this: win elections. When you get your man or woman in the White House, you can nominate whomever you wish. Considering that this nominee is mentally competent, well-qualified, and of a pleasant demeanor, you should make your speeches on the Senate floor, vote against him, and then watch Justice Roberts take his seat on the bench on the first Monday in October.

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