It was refreshing to read what Judge Roberts told the Senate Judiciary Committee. “Judges must be constantly aware that their role, while important, is limited,” he wrote in his official questionnaire. “They do not have a commission to solve society’s problems, as they see them, but simply to decide cases before them according to the rule of law.”
It’s a view the Founding Fathers would have appreciated. As Thomas Jefferson wrote: “Laws are made for men of ordinary understanding and should, therefore, be construed by the ordinary rules of common sense. Their meaning is not to be sought for in metaphysical subtleties which may make anything mean everything or nothing at pleasure.”
Roberts seems to appreciate the need for this common sense. As Robert Bork wrote in National Review: “I believe John Roberts will not create new constitutional rights out of whole cloth, as many of his soon-to-be colleagues have done. I cannot, for example, imagine him voting to invent a right to homosexual marriage, as many of the justices seem to do.”
As Bork notes, activist liberal justices act with thinly disguised disdain for popular will. “In two cases inventing constitutional rights for homosexuals, the Court stated that restrictions on that class could be explained only by hostility to an unpopular group,” he writes. “The possibility of a moral objection was not considered: The people … must be reined in, enlightened and civilized by the justices.”
Set aside, for a moment, predictions of how Roberts will vote on this-or-that issue. It’s unreliable, for starters. How can a sentence in a 20-year-old memo predict how a judge will rule five years from now? What really matters is having judges who faithfully uphold the text of the Constitution -- the actual text.
John Roberts is just such a judge. No wonder the left is mad.