Wednesday, August 03, 2005

full blown ninnies in a pod


cartoon by mr. fish, courtesy of www.harpers.org

read bruce shapiro's commenatry on roberts in the nation:

"Perhaps most telling is Roberts's brief track record on the federal bench on individual rights, a threshold issue not just for the left but conservative libertarians. A few years back, Washington, DC, police arrested a child for eating a single french fry on the Metro, during a zero-tolerance crackdown on subway-rule violators: arrrested her, handcuffed her, fingerprinted her, threw her in the back of a squad car and held that 12-year-old in lockup for three hours. The child's mother sensibly pointed out in a lawsuit that an adult committing the same offense would have been issued a ticket, not treated like a dangerous felon. Judge Roberts rejected the mother's plea for sanity: Arresting a 12-year-old like a suspect on Cops for eating on the subway, Roberts wrote, advanced "the legitimate goal of promoting parental awareness and involvement with children who commit delinquent acts." Even in red states, parents may not spare much enthusiasm for a judge who would lock up their 12-year-old for public consumption of McDonald's fries.
The french-fry case suggests that behind Judge Roberts's famous amiablity--which has won him influential friends in both parties--lies a far more doctrinaire personality. Whiffs of that ideological rigidity leak out of his careful opinions and briefs. Hostility to environmental regulation? Yes, at least in his ruling in a California land-development case in which he sought to weaken the Endangered Species Act. Hostility to reproductive rights? As a deputy to solicitor general Ken Starr in the Reagan years, he curried favor with the antiabortion right by adding an irrelevant footnote to his briefs in a family-planning-funding case, arguing that Roe v. Wade was "wrongly decided and should be overturned." In his appeals-court confirmation hearings, Roberts said this footnote simply reflected Administration policy, adding that he regards Roe as settled law; but his willingness to go beyond the call of duty and politicize his briefs suggests, at a minimum, enthusiasm for revisiting the issue. "

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