John Roberts’ nomination has liberals scratching their heads today.  But rest assured, they will exhaust every obstructionist and dubious tactic in their playbook to fabricate a fight.

Roberts’ Nomination Leaves Liberals Scratching Their Heads

To a live primetime television audience Tuesday night, President George W. Bush announced his long-anticipated choice to serve as the next Associate Justice of the Supreme Court of the United States.  After months of speculation by Court watchers, the media and interest groups spanning the political spectrum, the President kept his campaign promise to nominate someone with the highest intellect and commitment to the Constitution; someone who will uphold the law, rather than make law from the bench.  That someone is Judge John G. Roberts, Jr. 

The President’s choice is a brilliant one.  Not only because Judge Roberts is at the height of the legal profession and is widely considered one of the brightest legal minds in the land, but also because he is widely respected by both the Left and Right.  As several commentators observed, the President has “threaded the needle” by choosing Judge Roberts. 

Conservatives are happy.  The media, for the most part, is praising the President for choosing an outstanding nominee.  Meanwhile, liberal interest groups are left sitting on the tens of millions of dollars that they’ve raised to wage an all out war against whoever the President nominated. And they are now scratching their heads as the Left’s academic and legal firepower ― the very people that they were hoping to rely on to support their rhetoric ― have joined the chorus of praise.

Within minutes of the President’s announcement Tuesday evening, former Gore-Lieberman 2000 attorney David Boies praised Roberts’ temperament and character by saying, “John Roberts is a brilliant lawyer, a brilliant judge. He is a very careful judge … I would agree with what the president said earlier. He is a decent man. I think everybody who knows him likes him.” Boies went further by unequivocally predicting that Judge Roberts will have more than enough support to be confirmed in the Senate.

Harvard Law Professor Laurence Tribe said of Roberts, “I’ve known him for a number of years. I’ve admired him. … I start with an open mind and a strongly favorable predisposition.”

And, Leon Panetta, President Clinton’s former Chief of Staff, called Roberts “a solid appointment.  He has a reputation for fair-mindedness. He has high integrity. He has been respected by members of the bar from every part of the political spectrum.”

Nevertheless, despite all of that praise, and more, liberal interest groups came out swinging.

Indeed, People for the American Way, the group that has led the effort to defeat President Bush’s judicial nominees, called Judge Roberts a “constitutional catastrophe.” MoveOn.org said Roberts is “a right-wing corporate lawyer who consistently takes the sides of companies over the rights of individuals."  And, Alliance for Justice President Nan Aron said, "An initial review [of Roberts’ record] has led to serious concerns about whether he will be fair, independent and will protect the rights and freedoms of all Americans."

Hyperbole and fighting words aside, the radical Left has yet to decide whether they will spend an enormous amount of time and effort to defeat Judge Roberts’ confirmation.  It took mere minutes for some heavy hitters to abandon them.  That, together with Wednesday’s announcement by Senator John McCain ― one of the architects of the Senate compromise on judicial filibusters ― that Roberts’ nomination does not fit into the “extraordinary circumstances” exception that would permit a filibuster, demonstrates that Judge Roberts should sail through the Senate confirmation process. 

He should, but that doesn’t mean he will.

The Left has been waiting for this day for years.  Tens of millions of dollars have been raised.  Activists have been energized.  And just because the President didn’t hand them the war they were hoping for, they will do everything in their power to fabricate one.

Already, some Senators and Ralph Neas of People for the American Way are trying to politicize the process by asking the Justice Department for Judge Roberts’ confidential work product from his days as Principal Deputy Solicitor General under President George H.W. Bush.  They persist in this absurd request despite an earlier letter from all the living former Solicitors General ― Democrats and Republicans alike ― objecting to the release of the same sorts of materials during the battle of Miguel Estrada’s confirmation to a federal appeals court. (Estrada later withdrew after Democrats obstructed his confirmation for more than two years.)

John Roberts’ nomination has liberals scratching their heads today.  But rest assured, they will exhaust every obstructionist and dubious tactic in their playbook to fabricate a fight.  Who knows ― that may ultimately help to win Judge Roberts’ confirmation in the Senate sooner rather than later.

Perhaps someone should remind Senator Charles Schumer, one of the Senate’s chief judicial confirmation obstructionists, that since he was first elected, Republicans have gained nine seats in the Senate.

July 21, 2005
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