Are You Now, Or Have You Ever Been

Rick Duncan nebraskalawprof at
Mon Jul 25 08:31:00 PDT 2005

Earl Maltz <emaltz at> wrote:I didn't know very much about John Roberts except by reputation until he 
was nominated by the Court. However, even I knew that he was a committed 
conservative whose commitment to the cause was apparent on the face of his 
actions and was vouched for by virtually every heavyweight in the 
movement. Now I find out that he has questioned the constitutionality of, 
of all things, the Endangered Species Act. Now I, for one, would shed no 
tears would shed no tears for the demise of that particular statute. My 
question is, why is Roberts being portrayed as the third coming of 
John Marshall Harlan by all but the most liberal elements of the 
Democratic party (plus one insane;y conservative Senator from Kansas). Why 
is there no widespread passion in the opposition?

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Rick Duncan 
Welpton Professor of Law 
University of Nebraska College of Law 
Lincoln, NE 68583-0902

"When the Round Table is broken every man must follow either Galahad or Mordred: middle things are gone." C.S.Lewis, Grand Miracle

"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered."  --The Prisoner
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