November 15, 2024
Editorial

SMART, CONSERVATIVE CHOICE

In nominating Judge John G. Roberts to the Supreme Court, President Bush made a conservative choice, and not only politically. But barring some new and negative information about Judge Roberts, his confirmation is assured, with Democrats likely to try to rough him up only enough to please constituent groups.

Judge Roberts has impeccable credentials – among the best students of his class, he headed the law review at Harvard Law School, which he attended after completing his undergraduate degree at Harvard in three years. He served as a clerk to William Rehnquist when the chief justice was an associate justice on the court, and served in the administrations of Presidents Ronald Reagan and George H. W. Bush. As deputy solicitor general and in private practice he argued 39 times before the Supreme Court, winning 25 of those. In 2003, President Bush nominated him for the U.S. Court of Appeals, to which the Senate unanimously confirmed him.

After the embarrassing Terri Schiavo debate and the plain silly “nuclear option” confrontation over the use of the filibuster for judicial nominees, the president needed a certain winner to present to the Senate. This is especially so with the possible nomination of the next chief justice likely in the near future – a less-than-careful choice this time would poison the well for that nominee.

The uncharacteristic care with which the president consulted with the Senate and the pomp employed to introduce Judge Roberts suggest how aware the president and his staff were of the importance of this choice. Given the nominee’s awesome qualifications, clear conservative leanings and apparent lack of zealotry, the president found an ideal nominee.

Liberal advocacy groups don’t see it that way, of course. But they wouldn’t have been happy with anyone who wasn’t left-leaning and pro-choice, meaning there was no way they would be made happy, although knowing the president’s likely candidates, the groups’ frustration must have been intense when he did not pick the larger target of an ideologue. They, like conservative groups strongly in favor of the nomination, will run major media campaigns with the purpose mostly of demonstrating they can run major media campaigns.

The public should watch the Senate hearings with the thought of whether the nominee appears to be a person who can fairly interpret the law without applying a legislative agenda. Whether he answers every question to a senator’s liking or even answers a question at all is less important than the overall impression of his abilities and intention.

With the two parties so badly split on so many issues, the president made by all appearances a fair and thoughtful choice. The Senate has met Judge Roberts before and been deeply impressed. There has been no reason so far for senators to change their minds now.


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