First of all, I must apologize profusely for my report of the possible selection of Edith Brown Clement. Though I underlined in my message that it was mere speculation, it was premature to include a photograph. That, added to the suggestion that Chief Justice Rehnquist might retire undermines my credibility. I will be reluctant in the future to rely on even the best sources (in those cases USA Today, The Washington Post [yes, I know], and Robert Novak).Now for Judge Roberts. BIO
1. At 50, he is relatively young. With Alberto Gonzales (49) and Michael McConnell (50) he was among the younger judges being considered for the post. The only thing better than being a solid choice is being a young, solid choice.
2. He is experienced. He is a "lawyer's lawyer" according to Manuel Miranda. Roberts has argued 39 cases before the high court alone, where he won 25 (64%). Most of the cases were business-oriented where he argued, for instance, against radical environmental protections.
3. He is a Rehnquist, not a Scalia...and surely not a Souter. The other strong conservative possibility for the Bush nod, J. Michael Luttig of the Fourth Circuit, who clerked with Scalia, has a longer paper trail and is much more aggressive in style. Roberts seems to be in temperament more like his mentor, Rehnquist, for whom he clerked. His opinions (see CASES), even in dissent, are written in a collegial but forceful style. One of his most interesting decisions was the case of a 12-year-old convicted of eating a french fry in a D.C. Metro (subway) station. Roberts voted to uphold the conviction.
4. He has bipartisan support (including Bill Clinton 's Solicitor General) and cleared the Senate 99-0 in 2003. The Gang of Fourteen will find it hard to cite the "extraordinary circumstances" called for in their pact as an excuse to filibuster.
5. Roberts is a family man and it is reported that his wife has been involved in Feminists for Life, an organization made famous by its honorary chairwoman, Everybody Loves Raymond's Patricia Heaton.
6. In brief written during his time with the Justice Department of George H.W. Bush (41), he and his co-writer argued that Roe should be overturned. He also urged the federal government in one case to intervene on behalf of the pro-life Operation Rescue. But, during Senate hearings for the D.C. Appeals Court slot, Roberts said Roe was settled law.
Note: My reaction to this seeming incongruity is simple. If you are an Appeals Court judge, Supreme Court decisions are settled law. When you become a Supreme Court Justice, you decide what is settled and what isn't.
Here is my statement released to print media today:
In John G. Roberts, the President has chosen a veteran lawyer, scholar and family man for the Supreme Court of the United States. As the President considered candidates in recent days, we were close to believing that a less qualified candidate might emerge. We are glad to be proved wrong.
Judge Roberts strong bipartisan support in the United States Senate for the D.C. Appeals Court only two years ago should be controlling. This man is solid in every way and will have a long and impressive career on the high court in the mold of his mentor, [Chief Justice] William Rehnquist.
