Friday, July 22, 2005

Fully and Faithfully Applying the Law
Fables of the Strict Constructionist

Media Matters points this out in the rush of media coverage about Mister Roberts' SCOTUS nomination:

 
In their coverage of Supreme Court nominee John G. Roberts Jr., numerous media outlets have continued to baselessly suggest that Roberts's 2003 pledge to "fully and faithfully apply" Roe v. Wade as the "settled law of the land" signals that he would vote to uphold the ruling if confirmed to the Supreme Court. In fact, Roberts's description of Roe as "settled law" in the context of an appellate court nomination indicates nothing about either his personal views on abortion, or whether he would vote to uphold Roe if confirmed to the high court. As an appellate judge, Roberts must uphold the law and adhere to Supreme Court precedent or face the threat of reversal; his description of Roe as "settled law" merely amounted to a pledge to do his job. But as a Supreme Court justice, Roberts would be free to reconsider and overturn prior Supreme Court rulings, including Roe.
 


Atrios boils it down even further:

 
Roberts could've given that answer about literally any SCOTUS ruling, and it would've provided no information about how he, as a SCOTUS judge, would rule on a particular issue.
 


The point being, until we get this Trojan Horse into Senate hearings, we won't be able to discern what his judicial leanings would be. That said, with all the conservative mags and folks like James Dobson and Tony Perkins getting behind this nom, I have a feeling they know which way the wind blows:

 
On the pro-life side, the Family Research Council and Focus on the Family have announced they will stage a second Justice Sunday television program following on the heels of a successful one earlier this year on Bush's appeals court picks that was seen by millions of churchgoers.

Titled "God Save the United States and this Honorable Court," it will be produced at a church in Nashville and shown nationwide.

"Our constituents understand what is at stake with this nomination and confirmation," said Tony Perkins, FRC's president.

"We believe Judge Roberts will interpret the Constitution and not try to legislate from the bench, which has been the pattern in recent years," Focus on the Family chairman Dr. James Dobson added.
 


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