M O N D A Y , A U G U S T 2 9 , 2 0 0 5John Roberts: Will He Be Just As "Bad" AsLiberals?by Michael in New York on 8/29/2005 11:33:00 PMKurt Andersen of New York magazine writes about SupremeCourt nominee John Roberts and says liberals like him have tohope Roberts shows more restraint when he's on the top courtthan liberals ever did.</p><p> Andersden confuses Roberts' commentthat Roe v Wade was "settled law," apparently not realizingRoberts has already made clear that attitude -- appropriate foran appelate judge -- does not apply to a Supreme Courtjustice.</p><p> He also says this:Since the pro-choice position is one of the defining andunquestionable articles of faith for liberals, most of us don’trealize that the Supreme Court’s constitutional logic in Roev.</p><p> Wade is considered very iffy by many (maybe most)mainstream legal scholars, including liberal gods likeLawrence Tribe and Cass Sunstein.</p><p> Yet for better or worse,it is settled law; to overturn it now would be a radical act ofjudicial hubris, socially disruptive in the extreme.In other words, now that the era of activist liberal judicialhegemony is over, we liberals have to hope that Robertsand Bush’s other appointees really are devoted tojudicial restraint—the way liberals were not, back inthe day.Andersen goes on to compare how racists used the fillibuster to fightcivil rights legislation and now liberals use it to fight bad nominees.And how the far right's demands for "states rights" are now echoedby the left.Where to begin? Even many lay people know that Roe v Wade isconsidered a legally muddled, messy decision.</p><p> It wouldn't be the firstand the fact that it was tackling a muddy, messy ethical issue justmight have something to do with it.</p><p> And the "states rights" commentsby the left are usually jibes pointing out the hypocrisy of the far rightwho abandon that "principle" when it proves inconvenient.</p><p> They arenot embracing that idea, just showing how Republicans cynicallytossed it away.But what really bothers me is the moral equivalency here -- whatconservatives would term the "relativism" of Andersen's argument.It's all "judicial activism" to Andersen -- whether you're trying to keepten percent of the population as second class citizens or ensure theyhave the right to vote.</p><p> Whether you're recognizing certain basic civilrights that all Americans deserve or trying to DENY them those rights,it's all the same to him.</p><p> So when the left was expanding the AmericanDream to more and more Americans, it was engaging in the samepractices as the right does when it tried to turn that dream into anightmare.So spreading rights to more and more people is the same ascurtailing those rights.</p><p> Under Andersen's twisted logic, there's nodifference between the North and the South during the Civil War --sure, the Southerners were trying to tear this country apart and theNortherners were trying to hold it together, but they were all usingthe same tactics to accomplish their goals.</p><p> But the truth is that thejudges who ended segregation in the schools, ended the "right" ofstates to throw gay people into jail and so on weren't being "judicialactivists." They were recognizing the basic rights that all Americanhave always deserved but were often denied.</p><p> Throwing those peopleback into jail, denying those people the right to vote or marry or geta decent education is not the same thing.</p><p> Not by a mile.I don't hope Roberts behaves differently than liberal judges in thepast.</p><p> I hope he behaves the same -- putting aside his personalprejudices to decide the cases before him and recognizing that ALLAmericans -- regardless of what state they happen to live in -- havecertain basic rights.</p><p> HuffPost PoliticsPlayboy's Barbi Twins Target GOP Rep.</p><p> HastingsOver Wild Horses - The U.S.</p><p> House recently passedthe "Restore Our American Mustangs Act," whichwould protect wild horses in 10 western states byproviding additional land and...19 minutes ago Crooks and LiarsDude, Where's My $500,000,000,000? - From anemailer: This is Democrat Alan Grayson askingChairman Ben Bernanke where the Federal Reservesent $500,000,000,000 last year.</p><p> And ChairmanBerna...28 minutes ago Daily KosCNN: The Most Trusted Name In Opinions - Stopthe presses.</p><p> The President of *CNN* hasflip-flopped and has now decided that providing anightly platform for debunked conspiracy nutcasesis "good...28 minutes ago Ben SmithRemainders: Sit-down - Obama gambles on biggovernment, Brownstein writes.</p><p> The final act ofBush and Cheney.</p><p> An Iranian journalist waits for45 minutes ago J O H N ' S P H OT O S AMERICAblog News| A great nation deserves the truth: John ...http://www.americablog.com/2005/08/john-roberts-will-he-be-ju... 1 of 57/24/09 10:24 PMFiredoglakeObama Tries to Suffocate Ridiculous GatesControversy with Soothing Blanket of Words,Common Sense - At the end of his impromptuappearance in the White House briefing roomearlier today, President Obama indirectly admittedwhy he was making yet another st...57 minutes agoShow All A M E R I C A B L O G T V Visit our AMERICAblog TV site.see all 329 videos >I collect with vodpod Southern Poverty LawCenter calls on CNN to A two minute explanationof the warped and cynical The economy is better.But....</p><p> Judge order San Diego toget rid of the seals Massive brawl in SouthKorean parliament Mormons may havesecretly baptizedNext 6AMERICAblog News| A great nation deserves the truth: John ...http://www.americablog.com/2005/08/john-roberts-will-he-be-ju... 2 of 57/24/09 10:24 PMEzra KleinTab Dump28 minutes agoDaily DoseWill Doctors in theHouse, SenateInfluence Debate?1 hour agoThe TreatmentDoes the GOP ReallyHave an AlternativePlan in the Works?1 hour agoWonk RoomHouse RepublicansConfused About TheirHealth Care Alternative2 hours agoManaged CareMattersFresh Health WonkReview awaiting yourperusalG AY P O L I T I C S Visit our new gay politicssection, AMERICAblog Gay.F E E D S Blog RSS AMERICAblog TV RSS Twitter RSSTwitter Feed Get the blog by email: Subscribe me! 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