by Richard A. Chapo
President Bush's selection of the Hon. John Roberts is an
interesting choice. The betting, and there had been betting, was on a minority
or female candidate. Instead, President Bush swings for the fences with a
middle-aged, white male. Let the ugliness begin.
Competency
Regardless of your political views, Roberts'
intellectual competency cannot be questioned. This man was a very competent
lawyer and is a thoughtful judge. As an advocate, his arguments before the
Supreme Court were always creative and thorough. As a judge, his written
opinions reveal sound analytical skills and logical interpretations of the
facts at hand.
The current court constituency has been together for far
too long and is intellectually vacant on many issues. The leading
intellectuals, Rehnquist and O'Connor are the undisputed "thinkers" on the
court. Obviously, O'Connor is gone and Rehnquist will undoubtedly take a
reduced roll in light of his serious health issues. The poor man looks like
hell!
Of the remaining justices, none is particularly sharp and
certainly not a leader of the court. Scalia is a publicity hound and hurls
insults at all who disagree with him. Thomas issues opinions that nearly
everyone agrees are simply bizarre. Stevens has always taken a back seat and
Ginsburg certainly will be in the minority. The remaining Justices are often
wildly inconsistent and certainly have issued a number of opinions that turn on
the most inane of facts. The recent contradictory decisions regarding the 10
Commandments are perfect examples of a Court gone adrift.
If confirmed,
John Roberts will be the first step in bringing solid legal reasoning back to
the bench. By solid, I don't mean liberal or conservative thinking. I simply
mean decisions that are logically consistent. Of all the current Justices,
Roberts would clearly be the best choice for Chief Justice when Rehnquist
finally leaves the bench. .
Okay, we've established Robert's is a
quality judge. What effect will his confirmation have on the landmark
decisions, particularly Roe v. Wade?
Landmark Decisions
Make no
mistake, John Roberts is very conservative. Generally, he will side with the
conservatives on the bench, but not always. His vote will be critical since he
is replacing Justice O'Connor, the historical swing voter. Depending upon your
political leanings, this as either a good or bad thing.
Roe v.
Wade
Will Roe v. Wade be overturned? This is the key to Roberts' tenure
on the bench. Personally, his conservative leanings would suggest Roe is dead
in the water, but not so fast. Roberts also has a strong belief in upholding
landmark cases that have set precedent for an area of law. Obviously, Roe is
such a case. Nobody can predict what he will do, but we can predict that the
choice will shape his future on the bench.
If Roberts votes to overturn
Roe, we will see a complete re-writing of all the landmark cases. By voting to
overturn, Roberts will position himself solidly with the conservative Justices
on the court. Everything will be open game and the legal landscape will change
dramatically.
If Roberts votes to uphold Roe, you can expect the
conservative Justices to remain the minority for the foreseeable future. This
prediction has everything to do with Justice Scalia.
Although
championed by conservative groups, those in legal circles know that no single
person has been a bigger obstacle for the conservative movement on the bench.
The problem, quite simply, is Scalia is a jerk. He has a very bad habit of
personally attacking other Justices in written opinions when they don't agree
with him. Justices O'Connor, Kennedy and Sauter were all supposed to be
conservatives, but became moderates on the bench. The generally agreed cause is
the personal attacks Scalia let fly in his dissents. Kennedy, in particular, is
known to bristle at the mention of Scalia. Though they issue denials, it is
well known that many Justices are not on speaking terms with Scalia. If you
would like to learn more on the division, pick up a copy of "A Court Divided:
The Rehnquist Court and the Future of Constitutional Law."
If Scalia
personally attacks Roberts in written opinions, human nature suggests Roberts
will move towards the middle. Scalia will do just such a thing should Roberts
vote to uphold Roe. In short, it all comes down to Roberts' decision on Roe v.
Wade.
One way or another, the Supreme Court is about to come front and
center in the public eye. Within the next five years, we should see at least
two more Justices, Rehnquist and Stevens, leave the bench. Once they retire,
the court should remain stable for at least ten years. If only we knew how they
would rule!
About the Author
Richard Chapo is with
SanDiegoBusinessLawFirm.com - Go to our
article section to read more business law articles.
Web sites about
John Roberts |
|
Rush Limbaugh Blog
Rush Limbaugh Featured
Sites
|
