Carol Platt Liebau: Roberts: Controversial on the Left <i>and</I> the Right?

Thursday, August 04, 2005

Roberts: Controversial on the Left and the Right?

Steve Chapman makes some excellent points about Roe v. Wade and the fact that there has been criticism for the way the case was decided (if not the outcome) emanating from both the left and the right.

Another interesting point he makes: That some consider Roberts a conservative "wing nut" for the position he took as principal deputy solicitor general in an abortion-related case called Rust v. Sullivan back in 1991. That should make a nice booked, coupled with the fact that many conservatives no doubt today are deeply upset to learn that Judge Roberts offered some advice to his colleagues working on a pro-bono gay rights case.

Am I thrilled to hear about the latter? Not particularly -- both as a conservative and someone who believes that a state's people should (and does) have the right to legislate on the basis of their moral beliefs. But I don't think that Roberts' aid to his colleagues in that particular instance makes him a liberal.

Again, as I pointed out in this column, it makes no strategic sense to attack Judge Roberts now:

Just last week, Senator Sam Brownback (R-KS) and conservative writer Ann Coulter expressed concern about Judge Roberts on the grounds that he might turn out to be a “stealth liberal,” like David Souter. Given that every Supreme Court justice is completely immune from any political accountability once confirmed to the Court, there’s certainly no way to be certain how a Justice Roberts might decide any particular case.

But that’s no reason to assail the nomination now. Judge Roberts has already been identified as President Bush’s choice. Attacking him from the right achieves nothing, besides forcing The White House to offer proof of Roberts’ conservative bona fides – which, in turn, simply offers more targets for adversaries on the left. And even if, somehow, disgruntled conservatives forced the President to withdraw Roberts’ nomination, does anyone think that this “victory” would strengthen the President’s hand in winning a confirmation battle for a more militant conservative – even assuming that he would be inclined to reward those who had derailed his first choice?


Aside from the atrocious level of federal spending, President Bush hasn't let down conservatives yet. Let's try to give him -- and Judge Roberts -- the benefit of the doubt, for once.

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