Monday, July 25, 2005

John Roberts - An "Easy" confirmation Process?

The conventional wisdom seems to be that John Roberts will sail through the confirmation process, insomuch as that is possible. The logic tends to go something like: if Ann Coulter does not like him and Daily Kos hates him, he's fine for the 99 and 44/100% of us left in the middle.

Michael Barone, whose opinions are better informed than most pundits, agrees that mounting a serious "Bork"ing effort will probably fizzle before it gets going, as part of a good article on the efforts/failures to deligitmize the Bush presidency. Hell, even the editorial staff at the Washington comp-Post agree, saying that 'In general, Judge Roberts's work on the court has been elegantly crafted, legally precise and of very high quality' and that 'Judge Roberts's work as a judge is too brief to recommend him especially highly as a justice; his main qualification is his long and excellent career as a practitioner. But neither will mining it yield anything disparaging. His two years on the D.C. Circuit have been a credit to it'.

Their lone "criticism" of his record is one decision that is 'troubling because it suggests a too-narrow view of Congress's power to regulate interstate commerce -- the constitutional backbone of the modern regulatory state [read: Nanny state]'. God forbid! A justice that may have reservations about further stretching a clause that his been comically/tragically over-applied by the SCOTUS for the better part of 150 years.

The kicker is I don't think that any of this will stop the Bidens and Kennedys from trying. Basically, a viable plan of attack would involve asking questions that, if Ginsberg were the nominee and a Republican was asking, would be totally out-of-bounds and then trashing the guy for being evasive. And we all know the NYT, WP, LAT, CBS, NBC, ABC, et al. will give them a huge PR assist. Its starting already! I really hope that I'm wrong and that the CW is right, but something tells me this is still going to get extremely bloody. The militant wing of the Democratic party (the wing that also coughs up all the dough) cannot let BusHilter get his nominee on the court without a battle to the death.

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