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July 20, 2005
Things to think about
Let's be clear about a few things:
First, if you're a neophyte when it comes to judges, the constitution and confirmations, I strongly recommend Robert H. Bork's book, The Tempting of America. Whether liberals want to admit this or not, Bork was borked because he is a colossal intellect who threatened liberalism in ways they didn't want to imagine. In The Tempting of America, Bork not only recalls his confirmation nightmare but outlines the court's proper function alongside the political world. It provides an outstanding backdrop for the battle over John Roberts, which has already been joined. (More after the jump - I'm trying to keep page one breezy.)
A second point concerns the blather we're going to hear about positions Roberts took as Solicitor General (and elsewhere). For starters, attacking a judicial candidate on the basis of positions advocated on behalf of clients reflects a misunderstanding (best case) about courts, the law and politics. Don't ask how I remember this, but the Los Angeles County Bar summed it up in 2003:
...neither the identity of a lawyer's clients nor the zealous advocacy of their causes necessarily provides any insight into the lawyer's personal beliefs, nor do they necessarily provide any indication of how a nominee may view a particular case presented to him or her as a judge. Indeed, representing clients whose views we may disagree with comes with the territory for many attorneys.
As an underling to the Solicitor General, Roberts had a client, too; in this respect his job was no different than private law practice. His client just happened to be the President of the United States, and so his responsibilities touched upon politically-charged issues, rather than insurance coverage, divorce, contracts and the likes. But Roberts' job was, simply, to advocate his client's position. Again, anyone who argues otherwise misunderstands (again, best case).
Posted by bill at July 20, 2005 08:53 PM
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