Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: RWR8189
This is a man whose knowledge of constitutional law goes well beyond his intimate familiarity with seemingly every Supreme Court decision.

Not every decision. When asked about the second amendment, he was aware of the Lopez case, and seemed familiar with it. He was also aware of the Emerson case, the 5th circuit case which said the 2nd protects an individual right.

However, Judge Roberts could not even remember the name of the Silviera vs Lockyer case, in which the 9th circuit said that the 2nd only protects a collective right. He also did not know the status of the case. (For those who also do not know, the case was appealed to the Supreme Court a year or so ago, and they refused to hear the case.)

This is a major conflict between two circuits on an important an politically charged Bill of Rights issue, and he doesn't know much about one of the two main cases. Color me unimpressed. I was also less than impressed with Roberts' apparent agreement with the majority in the Kelo and Raich cases.
5 posted on 09/18/2005 7:26:23 PM PDT by publiusF27
[ Post Reply | Private Reply | To 1 | View Replies ]


To: publiusF27

Still, Judge Roberts spent all his formative years in Indiana where it's common to keep your rifles and shotguns on display in your living room.


7 posted on 09/18/2005 7:31:31 PM PDT by muawiyah (/ hey coach do I gotta' put in that "/sarcasm " thing again?)
[ Post Reply | Private Reply | To 5 | View Replies ]

To: publiusF27
Color me unimpressed.

I suppose only we should only be impressed with nominees who have completely memorized every single case involving the second amendment then.

With respect, activism at any level in the judiciary is the great evil. The fact that an issue is "politically charged" does not make it any more important a case for the judiciary. The end game here should be getting politics as far away from the chambers as possible.

Second amendment issues are important, don't get me wrong. But let's not fall prey to the trap that Dems and liberal activists have baited us for the last decade or four. When we get the judiciary OUT of the policy making business, and put the power of making laws back into the hands of the legistlative branch (oh, say like maybe that thing called the Constitution suggested) then we will be that much closer to the America that Jefferson and Madison envisioned and our fathers fought and died for.

Roberts worked without notes and he was unbelievably impressive as such. But don't be fooled into believing that he would hear 2nd amendment or any other type of case without notes. What I heard was someone who wanted desperately to let the legistlative and executive branch get back to doing what they were designed so brilliantly to do. What I heard from Schumer and Feinstein was the left's collective panic that their own political agenda can ONLY be supported by a few self-centered, self-appointed dictators in the judiciary and would fall on deaf ears if left up to the people in this country to decide. Let's NOT go there, too. We will prevail, when it's up to the people.

11 posted on 09/18/2005 8:42:11 PM PDT by Texan In NC
[ Post Reply | Private Reply | To 5 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson