Why 'Chief Justice Roberts' is a Mistake for Bush and Conservatives

WASHINGTON, Sept. 5 /U.S. Newswire/ -- Following is an op-ed by Eugene Delgaudio, president of Public Advocate of the United States:

Why "Chief Justice Roberts" is a Mistake for Bush and Conservatives (REVISED for Chief Justice Appointment)

As the Roberts confirmation hearings loom, the vast majority of the conservative movement has lined up squarely behind the nominee. Once again they seem to blindly trust a Republican president to appoint an originalist to the Court. However, Public Advocate of the United States, the national pro-family group I lead, has taken the difficult (but necessary) step of opposing his nomination to the Court and especially to the position of Chief Justice.

The problem with Roberts is not that his work on behalf of the homosexual lobby in the Romer case proves that he is going to be another Souter - it's that it doesn't prove he's not going to be.

Consider the Clinton appointees. Was there any doubt as to what kind of justice liberal ACLU lawyer Ruth Bader Ginsburg would be? When Clinton later appointed former Ted Kennedy staffer, Stephen Breyer, did anyone honestly think that he might be a Scalia in Souter clothing? When Democrat presidents make nominations we know what we are getting: liberal, activist judges.

However, when a Republican president is making the calls, buyers beware! Of the nine justices currently serving on the Court, seven were Republican appointees. Of these, three have been reliable originalists who faithfully interpret the meaning of the Constitution in a manner consistent with the text. The other four are activists who creatively manipulate the Constitution to fit their political agendas.

Conservatives won't fight for good nominees and won't stand up against poor or unproven nominees. When the left viciously attacked conservatives Robert Bork and Douglas Ginsburg, conservatives failed the challenge and the Ted Kennedys of the world bullied us into Anthony Kennedy, who has since written opinions citing foreign law in order to overturn democratically enacted American laws.

When the elder Bush appointed a "stealth candidate" known for his calm and inoffensive demeanor, liberals were left without a target. Oh, the genius of the Bush Administration. Sure enough David Souter sailed through the confirmation process and took his life-long seat on the Court.

Sadly, the examples don't stop there. The current dean of the activists, John Paul Stevens was a Ford appointee. And it was Ronald Reagan who appointed Sandra Day O'Connor, whose swing vote has provided us with dazzling jurisprudence like "well you can show the Ten Commandments outside, but put it under air conditioning and you have yourself a First Amendment violation."

Nixon batted .333 in Supreme Court appointments, Ford .000, Reagan .333 (.500 if you include the promotion to Rehnquist), George H.W. Bush .500, and Bill Clinton a solid 1.000… for the activist team of course.

Our failure to demand originalists has cost us dearly. It is because of Republican appointees that Roe v. Wade is still "settled law" (Casey), that states can no longer pass laws to protect family values (Romer and Lawrence), that foreign laws have legal standing to override American laws (Lawrence and Roper), and that people can view online virtual child pornography and do so in public libraries (Ashcroft v. Free Speech Coalition and U.S. v. American Library Association).

Now George W. Bush gets his turn at the plate and has chosen Judge John Roberts. While we were initially optimistic about the Roberts nomination, it soon became clear that his credentials as a conservative were not as impeccable as we were first lead to believe.

In 1996, as a partner in the D.C. law firm, Hogan and Hartson, Roberts was complicit in the successful bid to overturn the democratically adopted law in Colorado that protected families from courts unilaterally enacting the agenda of the radical homosexual lobby from the bench. What is worse is that this supposed originalist volunteered to do the work for free!

When the L.A. Times made this known, neither Roberts nor the White House had an acceptable explanation. In order to keep conservatives on board and in line we were given excuses like "he only helped them for a few hours," or "he was a partner and was expected to help with all the firm's appellate litigation." Yet the Times confirmed that he was never forced to take on the pro bono work and that he volunteered to do it of his own volition, which Roberts never refuted.

Neither this nor the other revelations that challenge his conservative credentials prove that Roberts will be an activist. However, it is more essential then ever that the new Chief Justice be a proven originalist who will stand up to the increasingly activist majority.

Why go with another "stealth candidate" with little track record on important issues as a judge who may have an easy confirmation fight, when there are the Edith Joneses, Michael Luttigs, and Samuel Alitos of the world who have already proven themselves on the bench and are worth fighting for?

While most conservative leaders continue to be "team players" after being asked by their friends in the White House to trust the administration, the new Chief Justice could serve as the figurehead for the Court for the next three decades. Public Advocate has decided that this is just too important. Enough is enough.

If the National Organization for Women would have discovered that Breyer had done pro bono work for pro-lifers in Casey, do we really think that they would have shut up and rolled over?

It is past time that conservatives took a couple pages from our opponent's playbook and choose to fight. We cannot simply rely on trust alone for a lifetime appointment as Chief Justice of the Supreme Court. The burden is on Roberts and the White House to prove that he is an originalist, not on groups like Public Advocate to prove he's not.

Now that the nomination has been made, the burden rests with Senators and the American public. It is essential that conservatives demand that their Senators ask Roberts the tough questions plaguing this nomination before deciding to throw their support behind the nominee.

Eugene Delgaudio is the President of Public Advocate of the United States, a nationwide pro-family group based in Northern Virginia that has been active in the conservative movement for over twenty-five years. He lives in Sterling, Virginia with his wife and children.

Oh, not Eugene Delgaudio again.

Shawndell Green? Is that you?

Everyone PLEASE PLEASE PLEASE read what Byron York wrote a long time ago about the nitwit Eugene Delgaudio. This is posted today on The Corner on National Review Online:

WHO IS EUGENE DELGAUDIO? I KNOW [Byron York]
In the August 1996 issue of The American Spectator, I wrote an article about Eugene Delgaudio. I had never heard of him before I received an over-the-top direct mail appeal from something called the "Clinton Investigative Commission," asking for money to investigate the death of Vincent Foster. Delgaudio's name did not appear on the letter, but I traced it to him, and the following is an excerpt from the article, beginning with the letter:

"It was a steamy and sticky Washington afternoon when I made my promise to Vince Foster's widow -- the kind of afternoon I have come to dread here in Washington. Hot, humid, and wet. With the smell of the swamp Washington is built on coming up through the sewers. And on that fateful afternoon, I made a promise I must keep. A promise I have spent the last year of my life fulfilling -- a promise that will affect the very future of our great Nation. On that steamy afternoon, I promised Vince Foster's widow: 'I will not rest until your husband's killer is in prison.'"

It was an extraordinary letter, even by the overheated standards of direct-mail fundraising appeals. Sent to thousands of people across the country, the steamy missive arrived courtesy of the Clinton Investigative Commission, a Virginia-based group that says it has proof "beyond all shadow of a doubt" that the late White House Deputy Counsel Vincent Foster was murdered. And the lurid passage quoted above was just the beginning.

Commission Executive Director Ronald Wilcox went on to grieve "for Vince and Lisa Foster's three beautiful children." He claimed he worked so hard on his investigation of Foster's death that sometimes he went for days without sleep. He declared the probe had led to threats against his own life, as well as "the vandalism of my car." But he vowed to fight on. "I will see to it that Vince Foster's killer goes to jail," the letter declares, "whoever he--or she--may be."

Wilcox's letter also claims a critical role for the Commission in the independent counsel's investigation of Whitewater. He appears to take credit, for example, for the firing of the first counsel, Robert Fiske. "When Bob Fiske turned out to be a stooge for Bill Clinton, I knew he had to go," Wilcox writes. "I went public, and attacked Fiske for his refusal to find out the truth about Bill and Hillary Clinton. The next day, Fiske was fired."

Then there is the Whitewater investigation on Capitol Hill. "As you know," Wilcox boasts, "my Report to Congress caused a huge uproar in Washington. On the day it was released, the Whitewater Hearings reconvened. And Vince Foster's death was the main topic. On that day, my Report to Congress blasted the lid off the entire Vince Foster cover-up."

It's not hard to guess where all this is leading. "As I write to you, the Commission's bank accounts are drained," Wilcox writes. "Can I please count on you to send a one-time contribution of $500 or $1,000? Your contribution will help the Commission to put Vince Foster's killer behind bars." And then, as if he couldn't resist just one more word, Wilcox offers up this tid-bit about Vince Foster's last day alive: "On that gruesome afternoon, Vince Foster was with a mysterious blond (his wife, Lisa, is a brunette). He ate a meal and engaged in adulterous sexual relations with this blond. A few hours later he was dead. By law, I am not allowed to make a conclusion here. The facts speak for themselves. Sincerely, Ronald Wilcox."

The fine print at the bottom of the letter says the Clinton Investigative Commission is an "authorized program" of something called the Council of Volunteer Americans. The Council is "a non-profit organization recognized under section 501 (c)(4) of the Internal Revenue Code," the note reads. "A copy of our financial report is available by contacting our office or the Virginia Department of Consumer Affairs."

But the state of Virginia has no record of either the Clinton Investigative Commission or the Council of Volunteer Americans. And, as it turns out, Ronald Wilcox is not the man in charge; he's just an assistant whose name is used as a front for the real force behind both groups. That man is Eugene Delgaudio, a long- time Republican activist in northern Virginia.

Perhaps "activist" is the wrong word to describe Delgaudio. Maybe it's better to call him a clever but small-time practitioner of the art of political guerrilla theater. A native New Yorker and a veteran of the conservative activist group Young Americans for Freedom, Delgaudio operates from a small office in Falls Church, Virginia. His primary activity is to stage events--comic protests with a political message. Republicans in Washington might remember one a few years ago, when the "Ted Kennedy Swim Team" marched from La Brasserie, one of the Massachusetts senator's favorite hangouts, to the Capitol. That was Delgaudio. A few months later came the "Barney Frank Housesitting Squad," a crusade to create a "hooker-free zone" around the gay congressman's house in case a male prostitute again tried to do business there without Frank's knowledge. That was Delgaudio, too.

And then there was "Pornographers Against Helms," a group formed during the congressional battle over federal funding for obscene art projects. "Pornographers Against Helms" lent its support to Michigan Democrat Carl Levin when he opposed Jesse Helms's move to ban funding--leading some observers to believe that real-life pornographers really backed Levin. The senator was said to be outraged; "Pornographers Against Helms" turned out to be Delgaudio's handiwork. In recent months Delgaudio was heavily involved in the unsuccessful drive to defeat Virginia Senator John Warner. He created RAW, or Republicans Against Warner, and held a number of protests at Warner campaign appearances.

The Corner

49 posted on 08/10/2005 11:49:30 AM CDT by Dems_R_Losers (Where is Chris Lehane??)

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http://www.publicadvocateusa.org/
Since its founding in 1981, Public Advocate has grown into a dedicated group of young conservatives in Washington, D.C., with a network of volunteers and supporters nationwide. Our continuous growth over the years is due to the fact that we have never wavered from our firm conviction that political decisions should begin and end with the best interests of American families and communities in mind. In recent years, our efforts have focused on supporting:

A federal marriage amendment to the Constitution and an end to lawful same sex marriage;
School prayer and the freedom of religious expression in public places;
Faith-based and community initiatives;
Pro-life legislation;
The promotion of the Boy Scouts, organized sports and other activities that reinforce morality, accountability and leadership in our youth;
Tax cuts and the exposure of wasteful "pork barrel" spending for the benefit of liberal special interests;
Equality under the law, regardless of one's sexual orientation.
Supporting these important efforts also means opposing those who stand steadfastly against them. Through public demonstrations, news conferences, media campaigns, petition drives and face-to-face confrontations with leading liberal politicians, Public Advocate offers strong and vocal opposition to those who actively support:

Same sex marriage and the furtherance of Gay Rights;
The National Endowment of the Arts and the federal funding and endorsement of pornography and obscenity as legitimate forms of art;
The mainstream media's promotion and glorification of drug abuse, teenage sex, gangs, atheism, homosexuality and other immoral behavior and beliefs;
The passage of hate crimes and thought control legislation that creates inequality in our state and federal legal systems;
Pro-choice legislation, such as Roe vs. Wade;
The creation of special classes of Americans at the expense of the traditional American family.
Through the years, Public Advocate has become a highly visible political organization and a model for other conservative activist groups in Washington D.C. and across the country. Our members are often at the forefront of the defining political issues of our time, always defending the rights of fathers, mothers and children to live their lives free from government intrusions and the self-serving motives of liberal special interests and agendas.

http://www.publicadvocateusa.org/

Activities and Accomplishments (2000-2004)
Public Advocate helped, and continues to help, educate the public on various policy issues by numerous communications to its supporters.
Public Advocate worked on the following three federal legislative issues:

the enactment of Defense of Marriage Act;
the repeal of the Marriage Penalty Tax; and
the defeat of Ted Kennedy's Thought Control Bill (so-called Hate Crimes legislation).
Public Advocate used news conferences, interviews, post card mailings and street theater to attract public support. To support this legislation, Public Advocate staff traveled to 40 cities in 7 states (Pennsylvania, New York, California, Florida, Vermont, Virginia, New Hampshire) and Washington, D.C.
Public Advocate used “street theater” in Washington, D.C. to defend Dr. Laura's Radio program against the gay rights lobby, which was attacking her religious and moral beliefs and seeking to have her program barred from radio stations.

Public Advocate successfully worked for the passage of the Boy Scouts of America Equal Access Act in the House and Senate Education Conference Committee, where it became part of the Education Bill signed by the President. Public Advocate fought a strong movement to strike it quietly from the legislation. As part of this effort, Public Advocate staff went to more than 30 Senate offices and presented 100,000 petitions, postcards, and letters in favor of this legislation in the Senate.

Public Advocate fought the nomination of the liberal, pro-homosexual rights Massachusetts Governor Paul Cellucci to become Ambassador to Canada. Activities included:

holding demonstrations against the Cellucci nomination, delivery of small beach sand Public pails that said “Don’t dig too deep with Cellucci” (referring to the Big Ditch scandal in Massachusetts);
distributing to every Senate office materials that documented Governor Cellucci’s pro-gay rights agenda in Massachusetts;
distributing over 100,000 "Cellucci dollars" that pointed out the $6 Billion overrun in the "Big Dig" in Boston, some of which was underwritten by federal dollars; and
delivering more than 50,000 petitions to Senate offices opposing the Cellucci nomination.
Public Advocate opposed the liberal inquisition by the Senate Judiciary Committee against Senator John Ashcroft’s appointment as Attorney General by President Bush. Public Advocate staged "Joe Biden Hiring Inquisitions," visiting all 100 Senate offices in the person of a group of black-hooded inquisitors who visited Senate offices and handed out questionnaires, to simulate the ridiculous questions being asked by Senate Joe Biden of then-Attorney General nominee John Ashcroft.
Public Advocate initiated or supported various public interest litigation cases, as follows:
Amicus Brief in Support of Petition for Certiorari Filed by Boy Scouts Boy Scouts of America and Monmouth Council, Boy Scouts of America v. James Dale
U.S. Supreme Court
November 26, 1999; Certiorari granted January 14, 2000
Lead Amicus: Public Advocate of the United States
Additional Amicus: Lincoln Institute for Research and Education
Purpose: Encourage the U.S. Supreme Court to grant Certiorari and review the decision of the New Jersey Supreme Court (discussed below).

Amicus Brief on the Merits in Support of Boy Scouts
Boy Scouts of America and Monmouth Council, Boy Scouts of America v. James Dale
U.S. Supreme Court
February 28, 2000
Lead Amicus: Public Advocate of the United States
Additional Amici: Lincoln Institute for Research and Education, Committee to Protect the Family Foundation, Concerned Women for America, and National Criminal Justice Council
Purpose: Encourage the U.S. Supreme Court to overturn the decision of the New Jersey Supreme Court, which would have forced the Boy Scouts to make homosexual advocate James Dale an assistant scoutmaster, in violation of their First Amendment right of expressive association, which allows them to exclude homosexuals from positions of leadership.

Amicus Brief in Support of Respondents
Carol M. Browner, et al. v. American Trucking Associations, et al.
U.S. Supreme Court
September 11, 2000
Lead Amicus: Lincoln Institute for Research and Education
Additional Amici: American Sovereignty Action Project, Gun Owners Foundation, Public Advocate of the United States, American Policy Center, 60 Plus, True Blue Freedom, and U.S. Border Control
Purpose: Encourage the U.S. Supreme Court to determine that Section 109 of the Clean Air Act, as interpreted by the Environmental Protection Agency in setting revised National Ambient Air Quality Standards (NAAQS) for ozone and particulate matter, effects an unconstitutional delegation of legislative power.

Amicus Brief in Support of Appellant
J. Barrett Hyman, M.D. v. City of Louisville, et al.
U.S. Court of Appeals, 6 th Cir.
July 9, 2001
Lead Amicus: Public Advocate of the United States
Additional Amici: Citizens United Foundation, Lincoln Institute for Research and Education, Concerned Women for America, and Conservative Legal Defense and Education Fund
Purpose: Encourage the U.S. Court of Appeals for the 6 th Circuit to strike down the City of Louisville and County of Jefferson, Kentucky ordinances which prohibit discrimination in employment upon the basis of “sexual orientation” or “gender identity,” terms which are loosely defined in the ordinances, which do not even expressly require knowledge or intent, and carry substantial penalties. Dr. J. Barrett Hyman, a medical doctor specializing in gynecology in the City of Louisville, filed suit to have the ordinances declared unconstitutional because they would violate teachings in the Bible as well as guarantees of religious freedom and freedom of speech under the U.S. Constitution. This amicus curiae brief argued that the First Amendment does not permit government prohibition of actions where the public does not even understand what conduct is in issue.

Petition for Writ of Certiorari – Public Advocate of the United States provided financial support for public interest litigation
Edgar Morales, Laique Rehman, Nouhad K. Bassila, George Breckendridge, and William Jeffrey Van Fleet v. Don Evans, U.S. Secretary of Commerce, and Kenneth Prewitt, Director of the United States Bureau of the Census
U.S. Supreme Court
January 8, 2002
Purpose: Encourage the U.S. Supreme Court to review a decision of the U.S. Court of Appeals for the 5 th Circuit that denied a challenge to the constitutionality of the forms used in Census 2000. At issue is whether Congress has the power to require, under penalty of law, that the American people answer questions on race, employment, housing, and other subjects invading their privacy and totally unrelated to the two express constitutional purposes of the decennial census – apportionment of representatives in the U.S. House of Representatives, and the imposition of direct taxes.

Complaint Against Montgomery County, Maryland for Violation of Public Law 107-10
Filed with the Office for Civil Rights, U.S. Department of Education
February 14, 2002
Filed by: Public Advocate of the United States
Purpose: Seek investigation and proper enforcement action on the grounds that Montgomery County, Maryland violated the Boy Scouts of America Equal Access Act, enacted as part of Public Law 107-110 on January 8, 2002, when it determined to impose fees on the Boy Scouts as a penalty for the decision of the Boy Scouts to exercise their constitutionally-protected right to exclude self-professed homosexual males from leadership positions. The decision of the Boy Scouts was based upon the organization’s moral values and policies.
In 2002, Public Advocate continues to fight Montgomery County's attempt to drive the Boy Scouts of America out of the public schools by charging them hundreds of thousands of dollars per year. In addition to filing the federal complaint, discussed above, Public Advocate are doing the following:
Held Press Conference in Rockville, Maryland;
Scheduling Town Meetings in five locations in Maryland, including Montgomery County, Maryland, to generate more public opposition to Montgomery County’s anti-Boy Scout policies; and
Collecting petitions from Maryland residents who support the Boy Scouts and oppose Montgomery County’s illegal activities.

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