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F R I D A Y , J U L Y 2 2 , 2 0 0 5Bush: Roberts Is A Strict Constructionistby Michael in New York on
7/22/2005 03:30:00 PMBush is going around the country insisting John Roberts is astrict constructionist -- if so, that makes Roberts WAY out ofthe mainstream of judicial beliefs. That makes him someonewho refuses to respect previous Court rulings, precedent orsettled law in favor of fringe philosophical beliefs that insist wehaven't learned anything in the last 230 years -- ie. a judicialactivist, the very sort of person most Americans don't want.How does Bush know this? It isn't in Roberts' limited record.Did Bush ask Roberts? Did Roberts tell Bush? Did Robertsindicate so through third parties or some other way? Is he or ishe not a strict constructionist? If so, how will that impact hisvoting on Roe v Wade? Isn't it impossible for a strictconstructionist to uphold that ruling? If Bush doesn't know thisfor a fact, why is he lying to the American people? Thesequestions cannot be sidestepped or dismissed as intrusive.They go to the heart of what sort of justice Roberts would be.Sen. Durbin, for one, is unimipressed.Mr. Durbin's initial response to the nominee on Tuesday wasnot even lukewarm."The president had an opportunity to unite the country withhis Supreme Court nomination, to nominate an individual inthe image of Justice Sandra Day O'Connor," the senatorsaid on Tuesday, alluding to the justice Judge Roberts wouldreplace. "Instead, by putting forward John Roberts's name,President Bush has chosen a more controversial nomineeand guaranteed a more controversial confirmationprocess...."The senator has said he voted against Judge Roberts twoyears ago because the nominee was not sufficientlyresponsive to questions. Today, Mr. Durbin told TheAssociated Press, "If he is open and honest, I think it will goa long way."In other words, no free passes anymore for nominees who want topretend they have no opinion on landmark Supreme Court rulings.Speak up or head for the door.So lots of questions for Scotty tomorrow -- after we're done poundinghim on Rove. And everyone remember -- you can't be a strictconstructionist and uphold Roe v Wade. You can't be a strictconstructionist and believe in privacy rights. (So what if the govtwants to comb through your bank records. If you want privacy, you'llhave to pass a Constitutional amendment.) You can't be a strictconstructionist and overturn sodomy laws -- so if states want tothrow 20 million people into jail just for being gay, that's ok. If youdon't like it, you'll have to pass laws state by state or through aConstitutional amendment.So if that's Roberts -- someone who believe the right to choose MUSTbe overturned, that the states can throw millions of people into jailbecause they're gay, that the fed govt has no right to make certainour air is pure and our water clean -- is that the sort of SupremeCourt justice the American people want? Remember, this is BUSHsaying that's the sort of justice Roberts would be. And he shouldknow better than anyone else.




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