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Prayers for Roberts.


When he went on national TV to announce is nomination of John Roberts to the Supreme Court, President Bush was smirkier than ever. He acted like he'd just dealt himself four aces from the bottom of the deck while no one was looking.

Fox News immediately hailed the choice, with one correspondent quoting a conservative who called Roberts a "hundred percenter"--a staunch right-winger down the line.

Pat Robertson, Jerry Falwell, James Dobson, Phyllis Schlafly, Lou Sheldon, Tony Perkins, and Beverly LaHaye all gave Roberts their blessing.

"The nomination of Judge John G. Roberts is an answer to the prayers of millions of Americans," announced the Reverend Rob Schenck of the National Clergy Council.

Robertson also saw the hand of God at work.

"With the likelihood of multiple vacancies on the court, you and I are witnessing the direct result of prayer and intercession intercession,
n a prayer in which a request is made on behalf of another person.
," he said, after Sandra Day O'Connor Sandra Day O'Connor (born March 26 1930) is an American jurist who served as the first female Associate Justice of the Supreme Court of the United States from 1981 to 2006. She was considered a strict constructionist.  announced her resignation. "Two years ago, I felt an urgent need for people to unite and pray for change in the Supreme Court.... We asked our partners and viewers to pray for God to intervene and restore righteousness and justice in our land. Tens of thousands of people responded to this massive prayer offensive and cried out to the Lord to change the court. And God heard those prayers."

There is the possibility that the Lord may be hard of hearing and that Roberts will not turn out to be as rightwing as Robertson and his brethren and sistren believe.

But they certainly have grounds for hope.

Practically from the day he left Harvard Law School Harvard Law School (colloquially, Harvard Law or HLS) is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, Harvard Law is considered one of the most prestigious law schools in the United States. , Roberts donated almost all of his brain to the Republican Party and to corporate interests.

When he was just twenty-six, he began work as a special assistant to Reagan's Attorney General William French Smith

For other people named William Smith, see William Smith (disambiguation).


William French Smith (August 26 1917 – October 29 1990) was an American lawyer and the 74th Attorney General of the United States.
. A year later, he moved over to the White House as associate counsel to the President, where he served until 1986.

There, at least on the busing issue, Roberts was to the right of even Theodore Olson (who led George W. Bush's 2000 legal team). In 1984, Olson was assistant attorney general, and Olson did not believe the Reagan Administration should endorse rightwing legislation that would have prohibited judges from ordering busing to desegregate de·seg·re·gate  
v. de·seg·re·gat·ed, de·seg·re·gat·ing, de·seg·re·gates

v.tr.
1. To abolish or eliminate segregation in.

2.
 schools, according to an article in The Washington Post. But Roberts argued in favor of the legislation, saying that Congress could prohibit school busing on the claim that it "promotes segregation rather than remedying it, by precipitating white flight."

This was typical of Roberts at the time. "He was a significant backstage player in the legal policy debates of the early Reagan Administration," The Washington Post reported in another piece. "Roberts argued for restrictions on the rights of prisoners to litigate their grievances; depicted as 'judicial activism' a lower court's order requiring a sign-language interpreter for a hearing-impaired public school student who had already been given a hearing aid and tutors; and argued for wider latitude for prosecutors and police to question suspects out of the presence of their attorneys." He also advocated "a narrow interpretation of Title IX, the landmark law that bars sex discrimination in intercollegiate athletic programs," the Post reported. And he urged the Administration not to "intervene on behalf of female inmates in a sex discrimination case."

From 1989 to 1993, he was Bush I's deputy solicitor general An officer of the U.S. Justice Department who represents the federal government in cases before the U.S. Supreme Court.

The solicitor general is charged with representing the Executive Branch of the U.S. government in cases before the U.S. Supreme Court.
, where he helped formulate the Administration's legal positions and then advocated them before the Supreme Court. Here he was understudy to none other than Kenneth Starr. And it was in this capacity that Roberts argued that Roe v. Wade Roe v. Wade, case decided in 1973 by the U.S. Supreme Court. Along with Doe v. Bolton, this decision legalized abortion in the first trimester of pregnancy.  should be overturned, among other reactionary positions.

Senate Democrats have sent a letter to Attorney General Alberto Gonzales requesting information on sixteen cases Roberts was involved in as deputy solicitor general under President Bush the elder. Roberts signed briefs in about eighty-one cases, seventy-eight of which were argued before the Supreme Court, the Democrats pointed out, and his office was involved in hundreds more cases during his tenure there.

Many of the landmark cases mentioned in the letter concern profound matters of policy on abortion, privacy, civil rights, school desegregation The attempt to end the practice of separating children of different races into distinct public schools.

Beginning with the landmark Supreme Court case of brown v. board of education, 347 U.S. 483, 74 S. Ct. 686, 98 L. Ed.
, and due process.

Rust v. Sullivan Rust v. Sullivan, 500 U.S. 173 (1991), was a United States Supreme Court case decided in 1991. The case concerned the legality and constitutionality of Department of Health and Human Services regulations on the use of funds spent by the U.S.  (1991)--In this case, Roberts persuaded the Court to uphold the prohibition on using federal funds Federal Funds

Funds deposited to regional Federal Reserve Banks by commercial banks, including funds in excess of reserve requirements.

Notes:
These non-interest bearing deposits are lent out at the Fed funds rate to other banks unable to meet overnight reserve
 in family planning clinics where abortions were performed.

Planned Parenthood v. Casey Planned Parenthood v. Casey, 505 U.S. 833 (1992) was a case decided by the Supreme Court of the United States in which the constitutionality of several Pennsylvania state regulations regarding abortion was challenged.  (1992)--Roberts's boss, Solicitor General Ken Starr, urged the Court to uphold various Pennsylvania restrictions on the right to an abortion. He was largely successful.

Board of Education of Oklahoma City v. Dowell (1991)--Starr, with Roberts in tow, and acting in an amicus capacity, successfully argued for limiting the busing requirements of school districts.

Franklin v. Gwinnett County Public Schools Gwinnett County Public Schools is a school district operating in Gwinnett County, Georgia, USA. GCPS is notably known as the largest school system in Georgia, with an estimated enrollment of 159,258 students for the 2007-2008 year.  (1992)--The solicitor general's office, with Roberts's participation, unsuccessfully argued that a female student who suffered sexual harassment sexual harassment, in law, verbal or physical behavior of a sexual nature, aimed at a particular person or group of people, especially in the workplace or in academic or other institutional settings, that is actionable, as in tort or under equal-opportunity statutes.  could not receive damage awards under Title IX, which prohibits sexual discrimination in public schools.

Freeman v. Pitts (1992)--Starr argued, again with Roberts's assistance, that a Georgia public school need not make further attempts at desegregation desegregation: see integration. . The Court agreed.

Herrera v. Collins Herrera v. Collins, 506 U.S. 390 (1993), is a case in which the Supreme Court of the United States (in a 6 to 3 decision) ruled that a claim that the Eighth Amendment's ban on cruel and unusual punishment prohibits the execution of  (1993)--Roberts signed on to the brief from the solicitor general's office that successfully argued that a convicted murderer who furnished evidence of actual innocence ten years later was not entitled to a federal rehearing rehearing n. conducting a hearing again based on the motion of one of the parties to a lawsuit, petition or criminal prosecution, usually by the court or agency which originally heard the matter.  before execution.

Lee v. Weisman Lee v. Weisman, 505 U.S. 577 (1992), represented a major political blow for proponents of prayer in the public schools. The decision came as something of a surprise to many legal and political analysts, but was in keeping with precedents established by the Court in similar cases.  (1992)--Starr, with Roberts on board, failed to convince the Court that it was OK to have clergy offering prayers at official public school ceremonies. The decision was 5 to 4.

Voinovich v. Quilter (1993)--The solicitor general's office, with Roberts's participation, got the Court to agree unanimously that a redistricting redistricting: see legislative apportionment.  scheme that allegedly diluted the power of minority voters did not violate the Voting Rights Act Voting Rights Act

Act passed by the U.S. Congress in 1965 to ensure the voting rights of African Americans. Though the Constitution's 15th Amendment (passed 1870) had guaranteed the right to vote regardless of “race, color, or previous condition of servitude,”
.

Withrow v. Williams (1993)--Roberts convinced the Court that a murder suspect who was threatened with being locked up and then made incriminating in·crim·i·nate  
tr.v. in·crim·i·nat·ed, in·crim·i·nat·ing, in·crim·i·nates
1. To accuse of a crime or other wrongful act.

2.
 comments did not have his Miranda rights Miranda rights (Miranda rule, Miranda warning) n. the requirement set by the U. S. Supreme Court in Miranda v. Alabama (1966) that prior to the time of arrest and any interrogation of a person suspected of a crime, he/she must be told that he/she has: "the right to  violated even though the police gave him his Miranda warning only after his comments.

So far the Administration has invoked attorney-client privilege to avoid providing documents of Roberts's work in the solicitor general's office. The particular cases here, and their importance to all citizens, show how specious spe·cious  
adj.
1. Having the ring of truth or plausibility but actually fallacious: a specious argument.

2. Deceptively attractive.
 that claim is. His client was the President of the United States The head of the Executive Branch, one of the three branches of the federal government.

The U.S. Constitution sets relatively strict requirements about who may serve as president and for how long.
 acting in his official capacity. The public deserves to know what Roberts has to say about all of these matters, and how he will treat similar issues that come up when and if he is sitting on the other side of the Supreme Court bench.

Roberts has always been a partisan. He served on he legal team for the Bush-Quayle ticket in 988 and the Bush-Cheney ticket in 2000, and he also coughed up $1,000 for Bush-Cheney that year. But his assistance went well beyond that. He actually played a behind-the-scenes role in the legal maneuvering in Florida in 2000 after the voting booths closed.

Roberts flew down to Tallahassee to meet with Governor Jeb Bush "to share what he believed the governor's responsibilities were under federal law," said the governor's spokesman, Jacob DiPietre. According to The Miami Herald, Roberts "came to Tallahassee to advise the state's Republican administration as it was trying to prevent a Democratic end-run that the GOP feared might give the election to Al Gore." The Democrats had considered a maneuver that would have prevented Florida from sending its list of official electors electors, in the history of the Holy Roman Empire, the princes who had the right to elect the German kings or, more exactly, the kings of the Romans (Holy Roman emperors).  to the Electoral College on time. Had that happened, Gore would have had more electoral votes than Bush, the Herald noted, so Roberts gave advice on how to thwart such a move.

But that's not all Roberts did. He also served "as legal consultant, lawsuit editor, and prep coach for arguments before the nation's highest court," the Herald reported. Roberts was in Tallahassee for "a week to ten days," according to Ted Cruz, a Bush aide at the time who recruited Roberts for the job. Both Cruz and Theodore Olson said Roberts helped Olson "in a dress rehearsal to prepare the Bush legal team for the U.S. Supreme Court," the Herald said.

Roberts's work for the Bush campaign came free of charge.

In between serving his Republican masters, Roberts worked at Hogan & Hartson in Washington, where he represented one corporate interest after another.

"In John G. Roberts Jr., many of the corporate chieftains who helped put President Bush in the White House see a Supreme Court nominee with whom they can do business," wrote Paul Adams of the Baltimore Sun. "That's partly because many of them have already."

While Roberts has been on both sides of some business issues, as he argued against Microsoft in one instance and against developers in Lake Tahoe in another, almost all of his work was in defense of corporate interests.

He represented mining companies in at least two cases: one, defending their practice of mountaintop removal, and the other, supporting their effort to slap criminal contempt fines on striking workers.

He also represented Toyota in a 2002 case that he won at the Supreme Court, which decided to limit the scope of the ADA Ada, city, United States
Ada (ā`ə), city (1990 pop. 15,820), seat of Pontotoc co., S central Okla.; inc. 1904. It is a large cattle market and the center of a rich oil and ranch area.
, making it much more difficult for persons with disabilities to seek redress.

And Roberts argued two cases for the state of Alaska against the rights of Native Americans. "In two landmark cases, Roberts has argued that the rights of the state of Alaska supercede Verb 1. supercede - take the place or move into the position of; "Smith replaced Miller as CEO after Miller left"; "the computer has supplanted the slide rule"; "Mary replaced Susan as the team's captain and the highest-ranked player in the school"  the sovereignty and subsistence rights guaranteed to Native peoples by the federal government," said Luci Beach, a member of the steering committee of the Gwich'in tribe.

Roberts is a member of the National Legal Center for the Public Interest The National Legal Center for the Public Interest is a US law and educational foundation with a membership of many prominent conservative lawyers. Fred Fielding is the chairman of the foundation. , whose mission statement stresses its commitment to "free enterprise," "private ownership of property," "limited government," and a "balanced use of private and public resources." He also has been active in the Republican National Lawyers Association. And, while he denied being a member of the Federalist Society, it turned out that he was listed in a Federalist Society directory as being on its Washington Lawyers Steering Committee. Roberts spoke before the Federalist Society as recently as October 30, 2003.

(As an aside, Vice President Dick Cheney praised Roberts in a speech at the Federalist Society on November 15, 2001, when Roberts was up for appellate judge. Cheney also joked--or it was his idea of a joke--that he was appearing at the Federalist Society as "your token nonlawyer. Not that I have anything against lawyers. Looking around the room, I'd guess that a year ago, about half of you were down in Florida.")

Some liberals and progressives are secretly sighing could have been worse. That's slim solace. Kind of like preferring Orrin Hatch to Jesse Helms.

But there is a remote chance that Roberts, if confirmed, will not turn out to be God's gift to the right.

One glimmer of hope is the role Roberts played, while at Hogan & Hartson, in the 1996 Romer v. Evans Romer v. Evans, 517 U.S. 620, 116 S. Ct. 1620, 134 L. Ed. 2d 855 (1996), is a landmark and controversial decision, in which the U.S. Supreme Court declared unconstitutional an amendment to the Colorado state constitution that prohibited state and local governments from enacting any  case. Roberts joined other members of the firm in giving pro bono legal advice to the plaintiffs, who ultimately succeeded in overturning a homophobic provision of the Colorado constitution that had denied civil rights protections to gays. Roberts was brought in specifically to prep the plaintiffs' team in how to address the moderate and conservative justices.

Roberts also "joined a scathing denunciation of abortion-clinic bombers and urged Reagan to stay out of an effort to post tributes to God in Kentucky schools," Knight Ridder reported.

Another glimmer is the fact that Roberts represented homeless people who were suing the government because their benefits were being cut, and that he even assisted a defendant in a death penalty case.

Roberts's pronounced love of the law is providing an additional reed for some to lean on. He vows, anyway, to respect precedent and decide each case on its merits, rather than impose an overarching philosophy. If he means that, then the hackery of Antonin Scalia and Clarence Thomas may eventually grate on him.

Of course, some people of goodwill held out hopes for Clarence Thomas, and look where that got us.

All in all, it's hard to believe that Bush would pick someone who would not reliably advance his rightwing agenda. Dick Cheney and Karl Rove and Scooter Libby, the triumvirate Triumvirate (trīŭm`vĭrĭt, –vĭrāt'), in ancient Rome, ruling board or commission of three men. Triumvirates were common in the Roman republic.  of ideological purity, personally vetted Roberts as far back as May 3, long before O'Connor's resignation, and they huddled with him on subsequent occasions. They undoubtedly reassured themselves that he was a sturdy warrior in their cause, one who would not tire or stray, as David Souter and Anthony Kennedy and O'Connor herself did.

When it comes to ideology, these guys know what they're doing. It's unlikely that Roberts will ever wipe that smirk off the President's face.
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Title Annotation:John G. Roberts' nomination as supreme court judge
Publication:The Progressive
Geographic Code:1USA
Date:Sep 1, 2005
Words:2100
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