what does the right REALLY think of Roberts?

[Marc Stern]

Rick:
The Ninth Amendment refers to rights not in the constitution and asserts
these belong to the people (or the states).But the substance of these
are not to use your phrase "expressed in the Constitution." Is it your
view that the Ninth Amendment is a nullity, or just that the rights it
recognizes are not subject to judicial acknowledgement. Or  just that
abortion is not one of those rights reserved to the people?
Marc Stern

________________________________

From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Rick Duncan
Sent: Monday, July 25, 2005 11:20 PM
To: Law & Religion issues for Law Academics
Subject: Re: what does the right REALLY think of Roberts?

 

I am a libertarian/social conservative (I like the liberties that are
expressed in the Constitution, the ones I have trouble with are the
deadly ones the liberals on the Court have invented), and I think the
Roberts nomination is a great choice. There is nothing wrong with a
Catholic Republican Boy Scout type, particularly one who is married to a
pro-life activist. I think Roberts replacing O'Connor could make a huge
difference not only in outcomes, but in solid reasoning and leadership.
Indeed, Tony Kennedy seems to be an empty-headed sheep in search of a
leader, and Roberts calm conservative style may command Kennedy's
support in ways that Scalia's more muscular conservatism cannot. Change
will come by accretion, but it's all good--it is better to boil frogs
like Roe slowly to assure that they are cooked for good.

 

I think Roberts is a great choice. I think McConnell would have been a
great choice (I would be delighted with an Evangelical Republican Boy
Scout type like Mike as the new Chief when the current Chief steps
down). Indeed, if we care about religious diversity on the Court, we
might well welcome and celebrate a conservative evangelical as the next
nominee.

 

Cheers, Rick Duncan

Steve Sanders <stevesan at umich.edu> wrote:

	Despite the rally-the-troops messages on websites like the ACLJ
and Concerned
	Women for America, no one can seriously believe John Roberts
makes the hearts
	of religious conservatives beat faster. Social conservative
groups are 
	falling
	into line behind Bush and going through the motions of the
battle they spent
	years preparing for. But as everyone now knows, Roberts is a
conventional,
	buttoned-down, Catholic Republican Boy Scout type of guy who may
or may not
	have once been a member of the Federalist Society -- but is
anything but a
	true-believer or ideologue (and left wing groups look silly
attempting 
	to label
	him as such). Most people profess not to have a clue about any
actual
	convictions he might hold, and he has in the past disclaimed any
theory of
	constitutional interpretation. He seems in many ways like the
person that
	movement conservatives urged Bush *not* to nominate -- someone
with a thin
	record who might be insufficiently committed to the right's
activist
	jurisprudential agenda.
	
	So, who's willing to fess up? What do social and religious
conservatives
	*really* think of John Roberts, and how long before doubts or
misgivings start
	leaking out?
	
	_______________________________________________
	To post, send message to Religionlaw at lists.ucla.edu
	To subscribe, unsubscribe, change options, or get password, see
http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
	
	Please note that messages sent to this large list cannot be
viewed as private. Anyone can subscribe to the list and read messages
that are posted; people can read the Web archives; and list members can
(rightly or wrongly) forward the messages to others.



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

__________________________________________________
Do You Yahoo!?
Tired of spam? Yahoo! Mail has the best spam protection around 
http://mail.yahoo.com 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.ucla.edu/pipermail/religionlaw/attachments/20050726/b90675d0/attachment.htm