Judge Roberts

Marshall blogged Judge Roberts made it clear that he respects the Constitution as the supreme law of the land. He demonstrated that he will not be an activist, pursuing an agenda on the Court. He made it clear that he will judge cases on the law and the facts as they are presented to him. He also established that he is brilliant, articulate and persuasive. In short, he more than demonstrated that he is an ideal choice to be Chief Justice.

Having declared that Judge Roberts has my full support for the foregoing reasons, I’m a conservative, and I’m human. I would be lying if I were to deny that I wasn’t hoping for certain policy outcomes myself. But I am not going to let my own hopes for righting of the judicial apple cart affect my evaluation of this astonishing nominee for Chief Justice.

The reason is simple: if we are to remain where the rule of law protects us all and stop the descent toward becoming a nation where the law can be used as a weapon, we’ve got to have judges who put the law first.

So, if you really want to know the reason that I’m supporting Judge Roberts’ confirmation, take a look at the so-called French fry case. That’s the case where a police officer arrested and put in jail a young girl for eating a French fry on a Metro train. It would have been easy to say that the little girl should prevail in her lawsuit. Given that she had obviously been mistreated, anyone listening to their heart (are you listening Senator Durbin?) would have looked for a way to help the young girl out. But that’s not what judges are supposed to do. And Judge Roberts looked at the law and ruled against her.

A judge that reads the law, and follows it, will be a welcome change to the USSC, and I am eager to see Chief Justice Roberts take his seat.

For too long, we’ve had judges who have said to themselves, “We really ought to [fill in the blank]…” and then went looking for ways to do it. Judge Roberts isn’t going to be that kind of judge, and that’s why I’m looking forward to his confirmation.

There’s another reason, as well, and I alluded to it in a much-discussed post earlier in the week. Chief Justice Roberts is going to be able to persaude his colleagues. And in the coming years, I am confident that we’re going to see the Court moving in ways that will please conservatives.