President Bush's selection of the Hon. John Roberts is an interesting choice. The betting, and there had been betting, was on a minority or female candidate. Instead, President Bush swings for the fences with a middle-aged, white male. Let the ugliness begin.
Competency
Regardless of your political views, Roberts' intellectual competency cannot be questioned. This man was a very competent lawyer and is a thoughtful judge. As an advocate, his arguments before the Supreme Court were always creative and thorough. As a judge, his written opinions reveal sound analytical skills and logical interpretations of the facts at hand.
The current court constituency has been together for far too long and is intellectually vacant on many issues. The leading intellectuals, Rehnquist and O'Connor are the undisputed "thinkers" on the court. Obviously, O'Connor is gone and Rehnquist will undoubtedly take a reduced roll in light of his serious health issues. The poor man looks like hell!
Of the remaining justices, none is particularly sharp and certainly not a leader of the court. Scalia is a publicity hound and hurls insults at all who disagree with him. Thomas issues opinions that nearly everyone agrees are simply bizarre. Stevens has always taken a back seat and Ginsburg certainly will be in the minority. The remaining Justices are often wildly inconsistent and certainly have issued a number of opinions that turn on the most inane of facts. The recent contradictory decisions regarding the 10 Commandments are perfect examples of a Court gone adrift.
If confirmed, John Roberts will be the first step in bringing solid legal reasoning back to the bench. By solid, I don't mean liberal or conservative thinking. I simply mean decisions that are logically consistent. Of all the current Justices, Roberts would clearly be the best choice for Chief Justice when Rehnquist finally leaves the bench. .
Okay, we've established Robert's is a quality judge. What effect will his confirmation have on the landmark decisions, particularly Roe v. Wade?
Landmark Decisions
Make no mistake, John Roberts is very conservative. Generally, he will side with the conservatives on the bench, but not always. His vote will be critical since he is replacing Justice O'Connor, the historical swing voter. Depending upon your political leanings, this as either a good or bad thing.
Roe v. Wade
Will Roe v. Wade be overturned? This is the key to Roberts' tenure on the bench. Personally, his conservative leanings would suggest Roe is dead in the water, but not so fast. Roberts also has a strong belief in upholding landmark cases that have set precedent for an area of law. Obviously, Roe is such a case. Nobody can predict what he will do, but we can predict that the choice will shape his future on the bench.
If Roberts votes to overturn Roe, we will see a complete re-writing of all the landmark cases. By voting to overturn, Roberts will position himself solidly with the conservative Justices on the court. Everything will be open game and the legal landscape will change dramatically.
If Roberts votes to uphold Roe, you can expect the conservative Justices to remain the minority for the foreseeable future. This prediction has everything to do with Justice Scalia.
Although championed by conservative groups, those in legal circles know that no single person has been a bigger obstacle for the conservative movement on the bench. The problem, quite simply, is Scalia is a jerk. He has a very bad habit of personally attacking other Justices in written opinions when they don't agree with him. Justices O'Connor, Kennedy and Sauter were all supposed to be conservatives, but became moderates on the bench. The generally agreed cause is the personal attacks Scalia let fly in his dissents. Kennedy, in particular, is known to bristle at the mention of Scalia. Though they issue denials, it is well known that many Justices are not on speaking terms with Scalia. If you would like to learn more on the division, pick up a copy of "A Court Divided: The Rehnquist Court and the Future of Constitutional Law."
If Scalia personally attacks Roberts in written opinions, human nature suggests Roberts will move towards the middle. Scalia will do just such a thing should Roberts vote to uphold Roe. In short, it all comes down to Roberts' decision on Roe v. Wade.
One way or another, the Supreme Court is about to come front and center in the public eye. Within the next five years, we should see at least two more Justices, Rehnquist and Stevens, leave the bench. Once they retire, the court should remain stable for at least ten years. If only we knew how they would rule!
Richard Chapo is with http://www.sandiegobusinesslawfirm.com - a firm providing legal advice to California businesses. Visit http://www.sandiegobusinesslawfirm.com to read more legal articles.
limousine airport Glendale Heights .. Lockport Chicago limo O’HareWith the recent shakeups in the presidential cabinet, it has... Read More
This is the first of a series of four articles... Read More
Three years ago I published a book of short stories... Read More
It appears we are having a terrible situation with the... Read More
Recently scientists have been watching the exponential growth of marine... Read More
In Belarus parliament is going to struggle with degeneration of... Read More
Aren't you glad you purchased Alaska? You got a bargain,... Read More
I hope to provide a starting point for the serious... Read More
The European Court of Justice ("ECJ") ruled in Praktiker Bau-... Read More
We can all see the issues involved in the cloning... Read More
The evacuation of Gaza is now completed, and the world... Read More
A Governmental commission, headed personally by the Prime Minister has... Read More
The entry by telephone and cable companies into the Internet... Read More
Roberto Calvo Macias, a young author and thinker from Spain,... Read More
In the fields of juvenile justice policy and programming, there... Read More
Are the junior attorneys in the Attorney General's office leaving... Read More
This brings to our consciousness, issues concerning the ever rising... Read More
In today's Rants from Lance session I address the question... Read More
Dust from Deserts and Particulate ControlThe greatest contributor to particulate... Read More
For anyone who wishes to become an armchair General in... Read More
Those of us hundreds of miles from ground zero sat... Read More
You are not going to believe what is going on... Read More
The idea is to have all the important items with... Read More
Having been to every city in the country over the... Read More
When you see hooded Klansmen walking up Pennsylvania Avenue to... Read More
Lincoln Stretch rentals Willowbrook ..Many Americans feel betrayed by their government, our government. I... Read More
Predicting the future is a tricky business. There have been... Read More
This is a thought on the study of Home and... Read More
Throughout all recorded history on our lovely little planet, Earth's... Read More
Well having studying the need for decreasing America's dependence on... Read More
Why are we over regulating the franchising industry? What are... Read More
In these times when states are suffering extreme downward pressure... Read More
All to often law makers and regulators create rules and... Read More
It is time for a change. A change in philosophy,... Read More
WE MUST PUT A STOP TO THE EVER-INCREASING PRICE OF... Read More
It is widely known in the Homosexual Male Populations that... Read More
All countries have specific things that are abundant in the... Read More
THE ROSICRUCIAN COUNCIL OF THREE:A Thelema/OTO leader who became a... Read More
The Republican Party became popular due to its view on... Read More
Rule of Thumb for exporting technology. The American People need... Read More
The organic farmers are angry that Monsantos terminator GM seeds... Read More
We know we can cloak a giant airship from those... Read More
As baby boomers, we have been spoiled all of our... Read More
For many years now, I have been the proud holder... Read More
US Steel prices have cost franchisees in my company and... Read More
We have all heard of the huge debates surrounding genetically... Read More
The number-one question people ask us is, "What possessed you... Read More
I would like to pose a question. I am unsure... Read More
As the populations expand in Colorado outside of Denver, Las... Read More
It can be dangerous to engage in free speech. This... Read More
Political |