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Wednesday, July 20, 2005

John Roberts, Nominee

I must admit, I'm cautiously optimistic about this nomination.

There a really good analysis of his likely role in forming a new center with Kennedy and Breyer over at SCOTUSblog (props to Chase at The Political Forecast for pointing me to it).

While there are large cries out there about his footnote in a brief while he was arguing a case as deputy solicitor general for the first Bush administration that Roe should be overturned, this was the position that he was advocating for his client, the Bush Administration, and not (necessarily) his personal belief. In fact, he stated during his confirmation hearings for his appellate court seat that Roe was "the settled law of the land."

I like the fact that his opinions show that he believes that current law far overconstrues the use of the Commerce Clause in the Constitution, which (might) help rein in Leviathan somewhat.

It really boils down to just one question for me: Does he see the government as the guarantor of rights or as the grantor of rights?

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