What’s going on here? At the heart of this debate is simply the fact that special-interests groups who have lost their arguments in Congress and with the public look to the courts to deliver for them. Anybody who favors judicial restraint, no matter how well qualified, is going to be opposed. That’s basically what the New York Times is saying.
Tom DeLay explained it perfectly at Justice Sunday II, a few weeks ago. “Time and time again,” he said, “proponents of . . . policies which have little or no support in the elected branches of government . . . bypass the democratic process by way of activist courts. Activist courts, in turn, impose new policies on our nation without passing a single bill through a single house of a single legislature. That is not judicial independence. That is judicial supremacy, judicial autocracy. It has no basis in the Constitution, but merely in the frustrated imagination of an out-of-touch political movement whose worldview the American people simply will not endorse.” Well said.
The fact that Judge Roberts refuses to go along with this kind of judicial usurpation is the strongest point in his favor. Let’s work to ensure that the Senate does its duty.
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“Too Much of a Mystery,” New York Times,
The Washington Post, despite disagreements with positions Roberts might potentially take on some issues, endorsed John Roberts’s confirmation.
“John G. Roberts Dossier,”
“Roberts Gets High Marks from ABA,” FOX News,
Read the complete Justice Sunday II transcript.
“Women of Color Alarmed by Chief Justice Nominee,” Women’s eNews,
“NOW Activists Pulling Out the Stops to Stop Roberts,” press release, National Organization for Women,
Edward Whelan, “Abortion and Precedent: What John Roberts Really Said,” National Review,
William J. Stuntz, “Hearing Loss: Why Roberts Shouldn’t Testify,” New Republic,
David Brooks, “Ready? Cue the Sun . . .,” New York Times,
Gillian Flaccus, “Scalia Blasts ‘Judge Moralists’ in Law School Speech,” Associated Press,
BreakPoint special broadcast “Runaway Judiciary”: In this CD, “BreakPoint” addresses the scope of power held by the courts and the issues they affect, from gay “marriage” to abortion, and what the purpose of the judiciary should be.