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Skirmish Over a Query About Roberts's Faith (NY Times spin)
NY Times ^ | 7-26-05 | DAVID D. KIRKPATRICK

Posted on 07/25/2005 8:20:20 PM PDT by Indy Pendance

WASHINGTON, July 25 - Congressional Republicans warned Democrats on Monday not to make Judge John G. Roberts's Roman Catholic faith an issue in his confirmation hearings for a seat on the Supreme Court, reviving a politically potent theme from previous battles over judicial appointees.

The subject came up after reports about a meeting on Friday at which Senator Richard J. Durbin, Democrat of Illinois, is said to have asked Judge Roberts whether he had thought about potential conflicts between the imperatives of their shared Catholic faith and of the civil law. The discussion was described by two officials who spoke anonymously because the meeting was confidential and by a Republican senator who was briefed on their conversation.

Judge Roberts responded that his personal views would not color his judicial thinking, all three said, just as he has testified in the past.

An opinion-page article in The Los Angeles Times on Monday by Jonathan Turley, a George Washington University law professor, included an account of Mr. Durbin's question. Professor Turley cited unnamed sources saying that Judge Roberts had told Mr. Durbin he would recuse himself from cases involving abortion, the death penalty or other subjects where Catholic teaching and civil law can clash.

(Excerpt) Read more at nytimes.com ...


TOPICS: Editorial
KEYWORDS: johnroberts; scotus
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To: Indy Pendance

There is another article on FreeRepublic where an aide from Durbin's office denied what Turley wrote concerning recusal. I think it was from the NRO.

Who do we believe? I do not think that Roberts would say something so "stupid" as to recuse himself from abortion cases. I believe the NRO article wrote that Roberts said that he could keep his personal views out of his judgments.


21 posted on 07/25/2005 9:11:23 PM PDT by IpaqMan
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To: IpaqMan

I'd believe NRO over NY Times in a NY minute.


22 posted on 07/25/2005 9:12:06 PM PDT by Indy Pendance
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To: SuzanneC
Brit's roundtable discussed this last night,and it was funny to hear Brit find out that Durbin had already corrected what Turley wrote.

Sounds to me as if Durbin's people put out spinning crap about what Roberts said, and Durbin had to retract it because he was the one in deep doodoo. Democrats can't get away with going after a Bush appointee because of his religion.

Remember, one of the reasons Kerry and the dems have been losing elections is because of losing the so called, Christian evangelical vote The accusation that democrats would punish a Supreme Court nominee becasue he's Catholic is something the democrats must avoid.

And besides that, just think how bad this looks for Durbin. Roberts goes in for a private meeting with Durbin, and Durbin has his people leaking their supposed conveersation. Bad, bad form...makes Durbin look like such a louse. I figure Demo honcho got to Durbin real quick and told him to fix this disaster quick. Correct the record, retract, deny, and then hide your sorry ass till this blows over.

I bet Brit will have Turley on Tuesday night. What fun! And isn't this proof positive how little the left can come up with on Roberts? the kids clothes, is you is or is ain a member of the Federalist Society Member, what about your wife, and now, did you tell Durbin anything at all?

23 posted on 07/25/2005 9:17:25 PM PDT by YaYa123 (@LOL At The Democrats' Dilemma.com)
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To: IpaqMan; CWOJackson

Maybe Roberts said that if he felt that his personal views would cause him to be unable to fairly apply the law as a matter of conscience, he would recuse himself. What do you think? Of course, such a recusal on those grounds has NEVER happened, ever, so far as I know. Judges always feel they can be fair, always. They sometimes recuse themselves on the basis on conflict on interest given the parties involved. That is about it.


24 posted on 07/25/2005 9:24:32 PM PDT by Torie
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To: YaYa123

Durbin seems to be in a meltdown mode. Maybe he is having trouble at home or something.


25 posted on 07/25/2005 9:25:17 PM PDT by Torie
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To: Torie
I have serious reservations about a judge announcing in advance that they would recuse themself on a specific topic. That would be no different then indicating how they would decide on the same topic.

This doesn't pass the smell test...and it's already been posted under a different newspaper banner.

26 posted on 07/25/2005 9:30:11 PM PDT by CWOJackson
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To: Indy Pendance

Jimmy Carter operated the same way. Dems can't complain.


27 posted on 07/25/2005 9:36:13 PM PDT by Spirited
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To: CWOJackson

What I am suggesting is that is there is anything to this at all, Roberts was doing a word dump on Durbin stating the obvious, in generalized terms. Durbin for his own reasons, might have decided to spin it to get into the news, and well, he was bit in the ass yet again.


28 posted on 07/25/2005 9:38:33 PM PDT by Torie
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To: Indy Pendance

Article IV, Clause 3:

"...no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States..."


29 posted on 07/25/2005 9:53:33 PM PDT by atomicweeder
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To: Torie

Bad enough Durbin had to apologize for his Guantanamo/Nazi comments. (And the allegations weren't even true!!!) Now it looks as if his big day in the sun, Supreme Court nominations, has been put on the back burner...by the brilliance of Bush, and because democrats have apparently decided to let Roberts slide into the Supreme Court so they can concentrate on "getting" Rove. Now this.
The big unions are splitting up...there goes Ohio, Florida and Missouri in 2006 and 2008 elections.
Durbin should be in a deep blue funk by now.


30 posted on 07/25/2005 9:55:53 PM PDT by YaYa123 (@Ain't We Got Fun?com)
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To: CondorFlight

Oh, come on. I'm sure we could all come around to the idea of keeping Catholics off the SCOTUS bench. As long as we get the faux-Catholics out of the Senate...especially the ones from Massachussetts...first. 8^)


31 posted on 07/25/2005 11:14:03 PM PDT by LibertarianInExile (Kelo, Grutter, and Roe all have to go. Will Roberts get us there--don't know. No more Souters.)
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To: Indy Pendance; All
There is an absolutely priceless typo in the online version of this article. Quoting Senator Cornyn, the Times writes:
He added, "I said...is there anything about your faith or religious views that would prevent you from deciding issues like the death penalty of abortion or the like?' "
"...the death penalty of abortion". That has to be the most ironic typesetting error ever to appear in the Old Grey Lady.
32 posted on 07/26/2005 1:50:33 AM PDT by Timeout
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To: Timeout

Does Turbin Durbin recuse himself from votes on issues like abortion ,homos,or the death penalty?


33 posted on 07/26/2005 4:07:26 AM PDT by ballplayer
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To: YaYa123

Is Turley that much of a sucker? How did he verify the quote and/or why was he so eager to use it in his column?


34 posted on 07/26/2005 6:27:07 AM PDT by SuzanneC
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To: Indy Pendance
It is interesting to see the Senate complain about a Supreme Court nominee's ability to follow the Constitution when they themselves are violating Article VI Clause 3.

-PJ

35 posted on 07/26/2005 6:38:35 AM PDT by Political Junkie Too (It's still not safe to vote Democrat.)
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To: SuzanneC
Suzanne, I have a theory. I think Durbin intentionally put out the Roberts misquote. I think the democrats' intention was to put out misinformation on Roberts that would distress the right. The article reads as if Turley had 2 sources from within the private Durbin/Roberts meeting. these sources had to be Durbin staffers. Then, Turley wrote he spoke to Durbin himself, and Durbin confirmed to Turley, the Roberts misquote.

Turley isn't a liar, and he wouldn't have misquoted Durbin.

After Turley's article came out, I think the dems and Durbin realized real quick, that leaking Robert's misquote was backfiring on them. Bad enough Durbin revealed a private conversation to the media. A misquote, (and I'm sure it was an intentional misquote), the right immediately hit Durbin hard for what he had done. The right smartly, went on the attack by playing their religion card: "Democrats are anti-Catholic. Democrats are illegally using a person's religion against him" (It's a joy to see the right has finally learned how to play the game.)

two things I feel sure of. 1. Turley wouldn't have written that article if he didn't have the info from Durbin and Durbin's sources. 2. Roberts would not have said any of that to Dick Durbin. which leads me to the conclusion, Durbin once again, made a huge political misstep.

36 posted on 07/26/2005 6:45:19 AM PDT by YaYa123 (@And It Came Back To Bite Him.com)
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To: SuzanneC
Don't make the mistake of impugning Turley. He's not a sucker, he's not a liar, and I don't think he's a democrat operative who would be a willing pawn in a democrat scheme to cause problems for the Roberts nomination. After all, he is a FOXNews legal analyst.

I'd almost be willing to be my first-born that Turley will be on with Brit tonight. (If he isn't, it will be because he's playing journalist, and won't burn his sources...even tho they basically, lied to him).

37 posted on 07/26/2005 7:38:32 AM PDT by YaYa123 (@Durbin's Butt Is In The Wringer.com)
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To: Indy Pendance

That had better be a lie.


38 posted on 07/26/2005 8:52:42 AM PDT by AliVeritas (Ignorance is a condition. Stupidity is a strategy.)
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To: Ole Okie; All

Speaking of Durbin, check this out:

http://www.cathfam.org/PRDurbin7.30.03.html

Like Deathocrats, we must go back some years and dig.


39 posted on 07/26/2005 8:55:18 AM PDT by AliVeritas (Ignorance is a condition. Stupidity is a strategy.)
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To: Indy Pendance
Confirm Them (cross-posted at Southern Appeal) has stepped up to the plate to provide a little more information on Leonardo Leo, who has lately praised John Roberts. Leo is Executive Vice President of the Federalist Society as well as the chairman of Catholic Outreach for the Republican Party.

The conservative Catholic Site BeliefNet has some very interesting things to say about Roberts and his family:

If Catholics in America tend to fall into two broad categories--those who dissent from controversial Church teaching and those who subscribe to it--Supreme Court nominee John G. Roberts, Jr., would appear to fall into the latter category. He attends Church of the Little Flower, a Maryland parish that heterodox Catholics would regard as an outpost of traditional Catholicism.

...

On the Church of the Little Flower's website, which links to the Vatican and promotes traditional piety and devotions such as "Forty Hours of Eucharistic Adoration," Monsignor Vaghi has posted a meditation on chastity.

...

In another meditation, Monsignor Vaghi staunchly defended the Church's teaching on abortion. "After all, since Roe v. Wade in l973, the Supreme Court decision which legalized abortion, there have been over 44 million abortions, young children dying before they had the opportunity to enjoy life outside the womb as we enjoy life," he wrote. "Our church is always, and will always, be on the side of life, life from conception until natural death. And it is precisely because Jesus took on life, took on flesh and ennobled it by becoming man and like us in everything but sin that we value human life so much, that we were born in His image and reborn in Christ Jesus."

...

Several press accounts have noted that John Roberts and his wife Jane Sullivan Roberts followed Monsignor Vaghi from St. Patrick's, his old parish in Washington, D.C., to Little Flower, and that Vaghi presided at their wedding. This has given conservative Catholic leaders who respect Vaghi confidence that Roberts is not cut from the same liberal cloth as Catholic Supreme Court Justice Anthony Kennedy.

...

Jane Roberts has been a diligent and open pro-life advocate, providing legal assistance to Feminists for Life. She is also active in the John Carroll Society, an organization that encourages Catholic lawyers (she is a partner in a Washington, D.C. law firm) to practice their profession according to high moral standards. Monsignor Vaghi is chaplain to the group.

As I wrote earlier, the more I know about John Roberts, the more I like him and the more comfortable I feel that he will interpret the constitution as it is written, not as the leftists wish that it were written.

Michael McCullough (DallasMike)
Stingray blog

40 posted on 07/26/2005 11:28:23 AM PDT by DallasMike
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