Posted on 07/20/2005 7:33:31 AM PDT by Babu
Anyone?? Anyone???
Um, Luttig voted against Bush in the WOT.
Roberts voted for the WOT recently.
So, just how is Luttig a "sure thing"?
SYNOPSIS OF FRENCH FRY RULING
Twelve year girl old broke well-known law against eating on Metro train system, even after being told it was not allowed by police. She ignored them, she was arrested. She filed a lawsuit against police.
So the french fry case is really just this court throwing out a frivolous lawsuit against the police who were enforcing a well-known law.
If he is a strict constctionalist.....you have your answer.
In fact, it reminds me of a Maureen Dowd column, and if you are familiar with me you will know that isn't praise.
Furthermore, the ridiculous comments made by many of the whiners over the last week (and I assume that includes you) were also very offensive, so I don't particularly care if you got your feelings hurt last night.
He's pretty conservative...but not as solid as Thomas. May as well make 'em all Thomases.
Roberts is conservative. Period.
I sure hope you're correct. I take heart in Levin and Ingraham's praise of Roberts. BUT, when it comes to specifics on some extremely important issues, I just don't see enough evidence to judge one way or another.
shield: OBTW, if Mark Levin has given him his seal of approval...that tells the whole story.... ;o)
Hi, shield! Noce to hear from you. I am definitely encouraged by the praise Roberts has received from Levin and Laura Ingraham!
Too many good people like Mark Levin like this guy for him to be another Souter. I think Ann's a little carried away on this one.
I do agree with her, though, that the GOP conservatives should be more aggressive in defending their judicial philosophy. By constantly nominating people with little or no paper trail, you do take a risk of giving us a Souter or an O'Connor or a Kennedy. In addition, by doing this they are conceding that the 'Rat definition of "mainstream" is the correct one. They're basically saying, "Hey look, our nominee isn't out of the mainstream....he's never once criticized Roe or supported voluntary prayer or denounced the Massachusetts ruling on gay marriage as a matter of principle."
The GOP needs to start acting like the majority they represent. Aside from that criticism, I support the Roberts nomination and believe him to be a practitioner of judicial restraint.
Ok, I hear ya Ann, but now I'm gonna tune into Rush and see what he has to say..see ya dudes! have a good one.
Correction: NICE to hear from you :o)
Luttig ruled against the war on terrorism.
Roberts voted for it.
Luttig is anything but solid, contrary to popular perception.
Civil Rights and Liberties
For a unanimous panel, denied the weak civil rights claims of a 12-year-old girl who was arrested and handcuffed in a Washington, D.C., Metro station for eating a French fry. Roberts noted that "no one is very happy about the events that led to this litigation" and that the Metro authority had changed the policy that led to her arrest. (Hedgepeth v. Washington Metropolitan Area Transit Authority, 2004).
In private practice, wrote a friend-of-the-court brief arguing that Congress had failed to justify a Department of Transportation affirmative action program. (Adarand Constructors, Inc. v. Mineta, 2001).
For Reagan, opposed a congressional effort—in the wake of the 1980 Supreme Court decision Mobile v. Bolden—to make it easier for minorities to successfully argue that their votes had been diluted under the Voting Rights Act.
Separation of Church and State
For Bush I, co-authored a friend-of-the-court brief arguing that public high-school graduation programs could include religious ceremonies. The Supreme Court disagreed by a vote of 5-4. (Lee v. Weisman, 1992)
Environmental Protection and Property Rights
Voted for rehearing in a case about whether a developer had to take down a fence so that the arroyo toad could move freely through its habitat. Roberts argued that the panel was wrong to rule against the developer because the regulations on behalf of the toad, promulgated under the Endangered Species Act, overstepped the federal government's power to regulate interstate commerce. At the end of his opinion, Roberts suggested that rehearing would allow the court to "consider alternative grounds" for protecting the toad that are "more consistent with Supreme Court precedent." (Rancho Viejo v. Nortion, 2003)
For Bush I, argued that environmental groups concerned about mining on public lands had not proved enough about the impact of the government's actions to give them standing to sue. The Supreme Court adopted this argument. (Lujan v. National Wildlife Federation, 1990)
Criminal Law
Joined a unanimous opinion ruling that a police officer who searched the trunk of a car without saying that he was looking for evidence of a crime (the standard for constitutionality) still conducted the search legally, because there was a reasonable basis to think contraband was in the trunk, regardless of whether the officer was thinking in those terms. (U.S. v. Brown, 2004)
Habeas Corpus
Joined a unanimous opinion denying the claim of a prisoner who argued that by tightening parole rules in the middle of his sentence, the government subjected him to an unconstitutional after-the-fact punishment. The panel reversed its decision after a Supreme Court ruling directly contradicted it. (Fletcher v. District of Columbia, 2004)
Abortion
For Bush I, successfully helped argue that doctors and clinics receiving federal funds may not talk to patients about abortion. (Rust v. Sullivan, 1991)
Judicial Philosophy
Concurring in a decision allowing President Bush to halt suits by Americans against Iraq as the country rebuilds, Roberts called for deference to the executive and for a literal reading of the relevant statute. (Acree v. Republic of Iraq, 2004)
In an article written as a law student, argued that the phrase "just compensation" in the Fifth Amendment, which limits the government in the taking of private property, should be "informed by changing norms of justice." This sounds like a nod to liberal constitutional theory, but Rogers' alternative interpretation was more protective of property interests than Supreme Court law at the time.
Hope that helps.
Sounds like Ann had a knee jerk reaction and needs is do a little homework before jumping the gun
Well, it is his forum. His right.
Frankly, I'm surprised I have lasted so long.
Ann isn't saying he isn't a conservative. She is saying that there are choices with a more lengthy judicial record that are more certain to be conservative.
BTW, what he wrote in legal briefs means nothing.
It'll make sense when she shows up on all the shows, she'll become more well known as the most right-wing extremist, which is her goal.
It is going to be really frustrating to see her appear as a guest on all the talk shows and radio shows. Rush up soon...
If Roberts is a Souter, I will eat my shorts. That comparison has to be one of the most ignorant comparisons. Right up there with Bush is Hitler.
Huzzah huzzah!
For all of you SEcond Amendment buffs (of which I am), I don't think that Judge Roberts has had the issue before him as a Judge. But, given his other positions on the Constitutions, it would absolutley shock me if his position wasn't exactly Scalia's position.
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