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William D. Randall's Blog (of no particular interest to no one in particular)
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Thursday, July 21, 2005
"Anatomy of a Dis-Appointment" How the Bush White House Played the American Public In Selecting Judge Roberts for the Supreme Court. By William D. Randall Orange, CA - The announcement by President Bush yesterday that Judge John G. Roberts of the Federal Court of Appeals for Washington D.C. would be Justice O'Connor's successor to the Supreme Court represented a culmination of various political tactics that could only come out of the current administration. The American Public was played like a fiddle as the White House conducted the orchestra and the media danced to the music. Through various methods, such as stating that the President was considering a Hispanic or a woman for the Court, providing misinformation to the Democratic leaders of the Senate, and in selecting a man that would energize the right just before crucial midterm elections. In many ways, the selection of Judge Roberts to the Court represents the ultimate form of Washington cronyism. Judge Roberts is a hold over from the days of George H.W. Bush, when he was a deputy solicitor general. It was during this period that Judge Roberts disclosed his take on Roe v. Wade, stating that the Court had no role in protecting reproductive rights, as the Constitution has no say on the matter. His view that the Constitution does not apply is flawed as the Right to Privacy, and the prevention of the state in interfering in medical decisions between a patient and their doctor, while not specifically stated in the constitution is protected under the Courts decision in Griswold v. Conn. The Court held that when the First, Third and Ninth Amendments are considered together the Constitution does create a right to privacy in marital relations. (Oyez) In addition, the Courts decision in Planned Parenthood v. Casey, while technically tightening the standards set by the Court in Roe, upheld the right for women to obtain an abortion as long as laws do not create an "undue burden." (Oyez) The Court has been tightening the reproductive rights allowed by Roe, but Judge Roberts would be hard pressed to throw out the judicial standard of Stare Decisis by holding a view contrary to the Court. Of course, when one is a Justice all bets are off. While a Federal Circuit Judge, Judge Roberts has been upholding many of the actions undertaken by the current administration. The New York Times reports that he held U.S. Courts do not have the jurisdiction to consider a claim against Iraq, writing his decision in stronger terms then the other members of the Circuit. (Acree v. Iraq) He was also selected for his current position back in 2001, but Senate Democrats blocked him. He was re-nominated in 2002, when the Senate approved him without a voice vote. While Republicans can say the Senate unanimously approved him, the record will show that a vocal opposition will be present during his nomination hearings. Both Sens. Schumer (D-NY) and Leahy (D-VT) have already voted against Roberts in previous confirmation hearings. While the GOP will scream about how the Democrats are not playing fair, it is the role of the Senate to ensure that all questions are answered fully and truthfully, something that the current administration may find a little bit shocking. Of course, the sudden announcement of Judge Roberts during the Rove Scandal is a move that could only have been crafted by the Architect himself. The use of media timing, suggestive leaks, and effective message management are all tools out of the GOP campaign playbook. The demographics of Judge Roberts looks like something that could only come out of the key GOP voter demographic. A white middle-aged male with conservative credentials haling from the Midwestern state of Indiana, a state with a moderate Democratic Senator and potential Presidential nominee, Evan Bayh (D-IN). While the President stated that he would take the First Lady's advice about nominating a woman, he apparently adhered to the first rule of conservatism, listen to your wife but don't do anything about it. The media took the bait and ran with it. The prime-time announcement of Judge Roberts was crafted to appeal to the voters directly and not to suffer any damage in the rinse and dry cycle of media spin that surely would have followed a mid-day announcement. More importantly, in the rush to cover the next big story, any rational discussion of the announcement will not be on the front page for very long. The obligatory campaign road shows, used by the administration for Social Security Reform, will no doubt be used by the administration to "sell" the candidate to the nation. I also expect to see a coordinated effort by various third party groups to drum up support as well. It is already been announced that religious groups are planning a "Justice Sunday II" to provide support to Bush's nominee. The only way the music is going to change is if the Democrats are able to find three key questions that would not only expose weaknesses with Judge Roberts but would also create a public concern that their constitutional freedoms are going to whither away under Justice Roberts. If the Democrats are able to change the music, though polling, agitating the grass roots, and sticking on message, then the White House is going to find themselves in the middle of a protracted battle that will last way beyond October. The nuclear option is now back on the table, and the ticking of the bomb is setting the beat. --------- (To my regular readers, I understand that this is a long post but the selection of a Justice to the Supreme Court requires more then just a simple four sentence paragraph as the protection of our rights and freedoms in any way, shape, or form eventually end up in front of the Court. WDR)
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