Tuesday, July 19, 2005

Federalism of the Strict Constructionist
The NYTimes editorial board chimes in about the nomination of Mr. Roberts:

 
One of the most important areas for the Senate to explore is Judge Roberts's views on federalism - the issue of how much power the federal government should have. The far right is on a drive to resurrect ancient, and discredited, states' rights theories. If extremists take control of the Supreme Court, we will end up with an America in which the federal government is powerless to protect against air pollution, unsafe working conditions and child labor. There are reasons to be concerned about Judge Roberts on this score. He dissented in an Endangered Species Act case in a way that suggested he might hold an array of environmental laws, and other important federal protections, to be unconstitutional.

There are also serious questions about the attitude of Judge Roberts toward abortion rights. As a lawyer in the first President Bush's administration, he helped write a brief arguing that Roe v. Wade should be overturned.

President Bush did the country a service by making his nomination early enough for the Senate to have ample time to investigate the judge's record and hold hearings. The leaders in both parties should resist any pressures to move quickly. It would be irresponsible to take a position on the nomination of Judge Roberts until his background is carefully reviewed, and until senators have a chance to question him at length. The nomination of a new Supreme Court justice is a great moment for the nation, providing new vigor to a great American institution. The entire country has a stake in the outcome.
 


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