Personally, I am starting to like Judge Roberts more and more:
Terri Schiavo, the brain-damaged Florida woman whose case provoked Congressional action and a national debate over end-of-life care, became an issue on Tuesday in the Supreme Court confirmation of Judge John G. Roberts Jr. when a Democratic senator pressed him about whether lawmakers should have intervened.
The senator, Ron Wyden of Oregon, said that Judge Roberts, while not addressing the Schiavo case specifically, made clear he was displeased with Congress’s effort to force the federal judiciary to overturn a court order withdrawing her feeding tube.
“I asked whether it was constitutional for Congress to intervene in an end-of-life case with a specific remedy,” Mr. Wyden said in a telephone interview after the hourlong meeting. “His answer was, ‘I am concerned with judicial independence. Congress can prescribe standards, but when Congress starts to act like a court and prescribe particular remedies in particular cases, Congress has overstepped its bounds.’ “
The answer, which Mr. Wyden said his aides wrote down word-for-word, would seem to put Judge Roberts at odds with leading Republicans in Congress, including the Senate majority leader, Bill Frist, and the House majority leader, Representative Tom DeLay, who both led the charge for Congressional intervention in the Schiavo case this spring. Mr. DeLay said at the time that the federal judiciary had “run amok.”
Mr. Wyden has a keen interest in end-of-life issues because his home state, Oregon, has a law providing for physician-assisted suicide. That law is the subject of a Supreme Court case, on the docket for Oct. 5, about whether the federal government has the right to withdraw prescribing privileges for doctors who follow the Oregon law and prescribe lethal doses of medicine to their dying patients.
Mr. Wyden said that he asked Judge Roberts whether he believed states should take the lead in regulating medical practice, and that the nominee replied that “uniformity across the country would stifle the genius of the founding fathers.”
Mr. Wyden said, “I came away with the sense that he was somewhat sympathetic to my notion that there should be a wide berth for states to take the lead.”
Sounds to me like the man understands the role of the court.
Geek, Esq.
I’ve been a very harsh critic of the views he expressed in the Reagan years. This is very encouraging stuff.
You missed the real money quote–where he referred to Brandeis’s 1928 dissent regarding “the right to be left alone.”
ppGaz
Smart Dems would stop trying to pander to their activist constituencies and move for rapid confirmation of Roberts.
According to me, self-declared Smart Dem.
Geek, Esq.
Don’t you think he should first be asked to address the privacy issue? Abortion is a fight that’s never going to go away, and I have no doubt that Roe will one day be overturned, but at least get him on the record regarding Griswold.
Mr Furious
The more that comes out, the more I am encouraged, rather than discouraged with Roberts’ nomination (in the context of a Bush nominee, of course). Dems should keep their powder dry for the next fight–we could do a lot worse than Roberts.
Seems to be first and foremost a good, serious lawyer. Conservative, yes, but that’s what hapens when you lose elections…
DougJ
Great — Roberts like states-sanctioned murder.
I’m starting to like Roberts less and less. Souter, anyone?
ppGaz
Of course. That will be something addressed early and often, I’m sure, in the hearings.
I’m just saying, the man is a good lawyer and a good judge, whether one agrees with every one of his decisions or not, or with every job he did for every client, or not.
He’s the best we’re going to get out of this administration as a SCOTUS nominee. Unless there’s a skeleton in the closet, don’t waste a lot of political capital on this guy. Roe v Wade notwithstanding, he’s going to be a good justice all in all. That’s my take.
Dems are panderers just like the Repubs are. I’m saying, save it for when it might do some good. This isn’t one of those times.
over it
You should start a lobby group, Doug J. You are just so damn persuasive!
Brian
He’s competent and not crazy. That’s the best a non-republican can hope for. So get him through before Bush changes his mind and nominates Roy Moore or something.
Paul L.
The article is a biased hack piece on Roberts. Maybe Mary Mapes helped to write it.
What’d I Say? Don’t Ask The New York Times
http://www.captainsquartersblog.com/mt/archives/005179.php
SeesThroughIt
I know–and it leads me to wonder how the hell Bush got his name in the first place.
Geek, Esq.
Oh, that’s rich, considering that the White House has engaged in the practice of giving journalists scoops–upon the condition that the journalists promise . . . yes you guessed it . . .
don’t contact the other side for its response!
Geek, Esq.
Btw, the NY Times story HELPS Roberts confirmation chances.
Not sure what the Wingnuts were objecting too–Congress’s behavior in that matter very clearly crossed the line.
Gary Farber
It would kill you to mention that Senator Ron Wyden is a Democrat? :-)
Steve