ARC's 1st Law: As a "progressive" online discussion grows longer, the probability of a nefarious reference to Karl Rove approaches one

Tuesday, July 19, 2005

Let the games begin....

It looks like we have a nominee...

Judge John G Roberts.

Let the sport of judicial confirmations begin!

H/T Michelle Malkin

The WaPo has more on Roberts as well:

Of the two, Roberts spent more time practicing law in Washington, where he has networked with many Democrats. When Roberts was nominated for the D.C. Circuit in 2003, Clinton's former solicitor general, Seth P. Waxman, called Roberts an "exceptionally well-qualified appellate advocate."

"He is a Washington lawyer, a conservative, not an ideologue," said Stuart H. Newberger, a lawyer and self-described liberal Democrat who has argued cases against Roberts.

He put in his time advising the Bush legal team in Florida during the battle over the 2000 presidential election and has often argued conservative positions before the court -- but they can be attributed to clients, not necessarily to him.

That includes a brief he wrote for President George H.W. Bush's administration in a 1991 abortion case, in which he observed that "we continue to believe that Roe v. Wade was wrongly decided and should be overruled."

Roberts won the case -- Rust v. Sullivan -- in which the Supreme Court agreed with the administration that the government could require doctors and clinics receiving federal funds to avoid talking to patients about abortion.

Those who know Luttig describe him as a warm and engaging but private man, who speaks in a Texas drawl and rarely goes to Washington social events.

His paper trail is extensive and, in the view of supporters, an asset rather than a liability because it offers the Republican base a guarantee of his conservatism that Roberts cannot match. Luttig is well known as one of the federal bench's leading advocates of the view, also endorsed by Scalia, that the text of constitutional provisions and statutes should be interpreted as close to literally as possible.

In 1999, he wrote the 4th Circuit opinion that struck down a portion of the federal Violence Against Women Act, saying Congress had exceeded its constitutional powers by giving rape victims the right to sue their attackers in federal court. The Supreme Court upheld Luttig's appellate opinion.

His record also includes at least one case bound to please antiabortion activists. When Virginia wanted to start enforcing a ban on the procedure critics call "partial birth" abortion in 1998, state officials sought out a conservative jurist -- Luttig -- who would rule in their favor.

His ruling for the 4th Circuit allowing the law to take effect overturned a lower court and ran contrary to courts in 17 other states in which bans on the controversial late-term procedure had been challenged.

Your Co-Conspirator,
ARC: Brian