How the Democrats Will Attack Roberts



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Topic: Politics > Politics-USA
User: "Harry Dope"
Date: 21 Jul 2005 11:39:52 AM
Object: How the Democrats Will Attack Roberts

How the Democrats Will Attack Roberts
With a sterling resume and few, if any, enemies, Judge John Roberts stands a
very good chance of confirmation. That won't stop Democrats from conjuring
up reasons to oppose his nomination. Since they can't get him on fitness or
temperament, they will manufacture excuses to vote against him or to claim
grave "concerns." Here they are:
1) They will demand documents he wrote while working in the Solicitor
General's office. This is the same break with precedent that they used to
(de facto) filibuster Miguel Estrada, and that was refused by Alberto
Gonzales as White House Counsel. Seven former Solicitors General, who served
Presidents from both parties, wrote a letter opposing the Democrats'
unprecedented tactic. It is critical that the attorneys in the SG office be
able to discuss ideas freely and candidly without worrying if they will be
dug up in some future confirmation hearing. The U.S. government is the SG's
client, and public disclosure of internal documents is a bad reason for the
same reason there is attorney-client privilege. Nevertheless, the Democrats
will re-use this red herring as they successfully did with Estrada.
2) They will ask Roberts to comment on specific cases. Even commenting on
prior cases is problematic, since they have bearing on potential future
cases. Roberts will abide by the Ginsburg Rule, which was established by
Clinton-nominee Ruth Bader Ginsburg. Democrats will demonstrate their
hypocrisy by applying double-standards: nominees by Democratic presidents
can hide behind the Ginsburg Rule but not those nominated by Republicans.
3) They will claim he is against abortion rights because of his work in
the SG's office on an abortion case where he wrote that Roe v. Wade has no
Constitutional basis. In his capacity as a lawyer for the government, under
the administration of George H. W. Bush, it was his job to advocate for his
client. His work on that case reflects his personal views on Roe just as
much as when the ACLU defends a Nazi's right to free speech. Besides,
everyone knows that Roe v. Wade has no Constitutional basis.
These are the tactics the Democrats will use to undermine Roberts, because
they have nothing else, so don't be surprised by them. After all, Chuck
Schumer already telegraphed these tactics on Tuesday.
--
"The Democratic tent has shrunk to the size of a dunce cap. There's no room
for Conservatives like me. We used to have Moderates and Conservatives in
the party. Then they ran us out."
- Sen. Zell Miller
.

User: "ouroboros rex"

Title: Re: How the Democrats Will Attack Roberts 21 Jul 2005 12:33:14 PM
"Harry Dope" <HD@earthlink.com> wrote in message
news:sdQDe.30991$Kp2.1287106@twister.southeast.rr.com...


How the Democrats Will Attack Roberts

With a sterling resume and few, if any, enemies, Judge John Roberts stands
a very good chance of confirmation. That won't stop Democrats from
conjuring up reasons to oppose his nomination. Since they can't get him on
fitness or temperament, they will manufacture excuses to vote against him
or to claim grave "concerns." Here they are:

1) They will demand documents he wrote while working in the Solicitor
General's office. This is the same break with precedent that they used to
(de facto) filibuster Miguel Estrada, and that was refused by Alberto
Gonzales as White House Counsel. Seven former Solicitors General, who
served Presidents from both parties, wrote a letter opposing the
Democrats' unprecedented tactic. It is critical that the attorneys in the
SG office be able to discuss ideas freely and candidly without worrying if
they will be dug up in some future confirmation hearing. The U.S.
government is the SG's client, and public disclosure of internal documents
is a bad reason for the same reason there is attorney-client privilege.
Nevertheless, the Democrats will re-use this red herring as they
successfully did with Estrada.

2) They will ask Roberts to comment on specific cases. Even commenting on
prior cases is problematic, since they have bearing on potential future
cases. Roberts will abide by the Ginsburg Rule, which was established by
Clinton-nominee Ruth Bader Ginsburg. Democrats will demonstrate their
hypocrisy by applying double-standards: nominees by Democratic presidents
can hide behind the Ginsburg Rule but not those nominated by Republicans.

3) They will claim he is against abortion rights because of his work in
the SG's office on an abortion case where he wrote that Roe v. Wade has no
Constitutional basis. In his capacity as a lawyer for the government,
under the administration of George H. W. Bush, it was his job to advocate
for his client. His work on that case reflects his personal views on Roe
just as much as when the ACLU defends a Nazi's right to free speech.
Besides, everyone knows that Roe v. Wade has no Constitutional basis.

These are the tactics the Democrats will use to undermine Roberts, because
they have nothing else, so don't be surprised by them. After all, Chuck
Schumer already telegraphed these tactics on Tuesday.

Of course, republicans are already looking for excuses to hide the facts
on Roberts. As well they should:
Here are some of the areas of greatest concern from Roberts' record:
As a partisan lawyer for the Bush Sr. and Reagan administrations, Roberts
threatened:
Civil rights by asking the Supreme Court to severely limit the ability of
district courts to desegregate public schools (1), and working to ensure the
Voting Rights Act could not be used to remedy many cases of actual
discrimination against minority votes. 2
Women's rights by fighting for a law barring doctors from even discussing
reproductive options in many cases,3 and arguing that Roe. vs. Wade should
be "overruled." 4
Free speech by arguing to the Supreme Court that political speech that some
considered offensive did not deserve First Amendment protections. The Court
rejected his claim. 5
Religious liberty by arguing to the Supreme Court that public schools could
force religious speech on students. Again, the Court rejected the argument.
6
As a corporate lawyer, Roberts threatened:
Community and environmental rights by working to strike down new clean-air
rules and filing a brief for the National Mining Association, arguing that
federal courts could not stop mountaintop-removal mining in West Virginia,
even as it devastated local communities. 7
Workers' rights by helping Toyota to successfully evade the Americans with
Disabilities Act and fire workers for disabilities they suffered over time
because of the requirements of their jobs. 8
Public interest regulations by helping Fox News challenge FCC rules that
prevented the creation of news media monopolies. 9
In his short two years as a judge, Roberts has threatened:
Individual rights by rejecting the civil rights claims brought on behalf of
a 12-year-old girl who had been handcuffed, arrested and taken away by the
police for eating a single french fry in the D.C. Metro. 10
Environmental protections when the dissent he wrote on an Endangered Species
Act case, had it been in the majority, would have struck the Act down as
unconstitutional in many cases, and would have threatened a wide swath of
workplace, public safety and civil rights protections. 11
Human Rights by voting to strike down the Geneva Conventions as applied to
prisoners that the Bush administration chose to exempt from international
law. 12
Roberts' confirmation is not inevitable. As Senate Minority Leader Harry
Reid said yesterday, "The President has made his choice. Now the Senate will
do its job of deciding whether to confirm John Roberts to a lifetime seat on
the Supreme Court."
Now it's time for us all to do our job of telling our senators that our
rights are not negotiable, and John Roberts does not belong on the Supreme
Court.
Sources:
1. Oklahoma City Public Schools v. Dowell
2. Alliance for Justice, Nominee Profile
http://www.moveon.org/r?r=794
3. Alliance for Justice, Nominee Profile
http://www.moveon.org/r?r=794
4. "Same Appeal; Different Styles," Washington Postm July 17, 2005
http://www.moveon.org/r?r=795
5. United States v. Eichman, 496 U.S. 310 (1990)
6. Lee v. Weisman, 505 U.S. 577 (1992)
7. "The Making of the Corporate Judiciary" Mother Jones, November/December
2003
http://www.moveon.org/r?r=796
8. Toyota Motor Mfg., Kentucky v. Williams, 534 U.S. 184 (2002)
9. Alliance for Justice
http://www.moveon.org/r?r=797
10. Hedgepeth v. Wash. Metro. Area Transit Auth., 386 F.3d 1148 (D.C. Cir.
2004)
11. Rancho Viejo, LLC v. Norton, 334 F.3d 1158 (D.C. Cir. 2003 cert. denied)
12. Court: U.S. May Resume Detainee Tribunals, Associated Press, July 16th
2005
.
User: "Ryd"

Title: Re: How the Democrats Will Attack Roberts 21 Jul 2005 12:44:07 PM
ouroboros rex wrote:
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User: "swayser"

Title: Re: How the Democrats Will Attack Roberts 21 Jul 2005 01:28:54 PM
Harry Dope wrote:


How the Democrats Will Attack Roberts

With a sterling resume and few, if any, enemies, Judge John Roberts stands a
very good chance of confirmation. That won't stop Democrats from conjuring
up reasons to oppose his nomination. Since they can't get him on fitness or
temperament, they will manufacture excuses to vote against him or to claim
grave "concerns." Here they are:

1) They will demand documents he wrote while working in the Solicitor
General's office. This is the same break with precedent that they used to
(de facto) filibuster Miguel Estrada, and that was refused by Alberto
Gonzales as White House Counsel. Seven former Solicitors General, who served
Presidents from both parties, wrote a letter opposing the Democrats'
unprecedented tactic. It is critical that the attorneys in the SG office be
able to discuss ideas freely and candidly without worrying if they will be
dug up in some future confirmation hearing. The U.S. government is the SG's
client, and public disclosure of internal documents is a bad reason for the
same reason there is attorney-client privilege. Nevertheless, the Democrats
will re-use this red herring as they successfully did with Estrada.

2) They will ask Roberts to comment on specific cases. Even commenting on
prior cases is problematic, since they have bearing on potential future
cases. Roberts will abide by the Ginsburg Rule, which was established by
Clinton-nominee Ruth Bader Ginsburg. Democrats will demonstrate their
hypocrisy by applying double-standards: nominees by Democratic presidents
can hide behind the Ginsburg Rule but not those nominated by Republicans.

3) They will claim he is against abortion rights because of his work in
the SG's office on an abortion case where he wrote that Roe v. Wade has no
Constitutional basis. In his capacity as a lawyer for the government, under
the administration of George H. W. Bush, it was his job to advocate for his
client. His work on that case reflects his personal views on Roe just as
much as when the ACLU defends a Nazi's right to free speech. Besides,
everyone knows that Roe v. Wade has no Constitutional basis.

These are the tactics the Democrats will use to undermine Roberts, because
they have nothing else, so don't be surprised by them. After all, Chuck
Schumer already telegraphed these tactics on Tuesday.




I hope they do oppose him and try to filibuster. The Republicans will
turn the Senate floor into a mushroom farm. :)
.
User: "ouroboros rex"

Title: Re: How the Democrats Will Attack Roberts 21 Jul 2005 01:52:46 PM
"swayser" <swayser@netscape.com> wrote in message
news:INRDe.2774$Qy1.1935@fe09.lga...

Harry Dope wrote:

How the Democrats Will Attack Roberts

With a sterling resume and few, if any, enemies, Judge John Roberts
stands a very good chance of confirmation. That won't stop Democrats from
conjuring up reasons to oppose his nomination. Since they can't get him
on fitness or temperament, they will manufacture excuses to vote against
him or to claim grave "concerns." Here they are:

1) They will demand documents he wrote while working in the Solicitor
General's office. This is the same break with precedent that they used to
(de facto) filibuster Miguel Estrada, and that was refused by Alberto
Gonzales as White House Counsel. Seven former Solicitors General, who
served Presidents from both parties, wrote a letter opposing the
Democrats' unprecedented tactic. It is critical that the attorneys in the
SG office be able to discuss ideas freely and candidly without worrying
if they will be dug up in some future confirmation hearing. The U.S.
government is the SG's client, and public disclosure of internal
documents is a bad reason for the same reason there is attorney-client
privilege. Nevertheless, the Democrats will re-use this red herring as
they successfully did with Estrada.

2) They will ask Roberts to comment on specific cases. Even commenting
on prior cases is problematic, since they have bearing on potential
future cases. Roberts will abide by the Ginsburg Rule, which was
established by Clinton-nominee Ruth Bader Ginsburg. Democrats will
demonstrate their hypocrisy by applying double-standards: nominees by
Democratic presidents can hide behind the Ginsburg Rule but not those
nominated by Republicans.

3) They will claim he is against abortion rights because of his work in
the SG's office on an abortion case where he wrote that Roe v. Wade has
no Constitutional basis. In his capacity as a lawyer for the government,
under the administration of George H. W. Bush, it was his job to advocate
for his client. His work on that case reflects his personal views on Roe
just as much as when the ACLU defends a Nazi's right to free speech.
Besides, everyone knows that Roe v. Wade has no Constitutional basis.

These are the tactics the Democrats will use to undermine Roberts,
because they have nothing else, so don't be surprised by them. After all,
Chuck Schumer already telegraphed these tactics on Tuesday.




I hope they do oppose him and try to filibuster. The Republicans will turn
the Senate floor into a mushroom farm. :)

Of course they will. Republicans are willing to destroy the republic
itself for personal gain.
.


User: "robw"

Title: Re: How the Democrats Will Attack Roberts 21 Jul 2005 05:30:59 PM
Wow, exactly what I heard the right wing talk show hosts saying.
"Harry Dope" <HD@earthlink.com> wrote in message
news:sdQDe.30991$Kp2.1287106@twister.southeast.rr.com...


How the Democrats Will Attack Roberts

With a sterling resume and few, if any, enemies, Judge John Roberts stands

a

very good chance of confirmation. That won't stop Democrats from conjuring
up reasons to oppose his nomination. Since they can't get him on fitness

or

temperament, they will manufacture excuses to vote against him or to claim
grave "concerns." Here they are:

1) They will demand documents he wrote while working in the Solicitor
General's office. This is the same break with precedent that they used to
(de facto) filibuster Miguel Estrada, and that was refused by Alberto
Gonzales as White House Counsel. Seven former Solicitors General, who

served

Presidents from both parties, wrote a letter opposing the Democrats'
unprecedented tactic. It is critical that the attorneys in the SG office

be

able to discuss ideas freely and candidly without worrying if they will be
dug up in some future confirmation hearing. The U.S. government is the

SG's

client, and public disclosure of internal documents is a bad reason for

the

same reason there is attorney-client privilege. Nevertheless, the

Democrats

will re-use this red herring as they successfully did with Estrada.

2) They will ask Roberts to comment on specific cases. Even commenting

on

prior cases is problematic, since they have bearing on potential future
cases. Roberts will abide by the Ginsburg Rule, which was established by
Clinton-nominee Ruth Bader Ginsburg. Democrats will demonstrate their
hypocrisy by applying double-standards: nominees by Democratic presidents
can hide behind the Ginsburg Rule but not those nominated by Republicans.

3) They will claim he is against abortion rights because of his work in
the SG's office on an abortion case where he wrote that Roe v. Wade has no
Constitutional basis. In his capacity as a lawyer for the government,

under

the administration of George H. W. Bush, it was his job to advocate for

his

client. His work on that case reflects his personal views on Roe just as
much as when the ACLU defends a Nazi's right to free speech. Besides,
everyone knows that Roe v. Wade has no Constitutional basis.

These are the tactics the Democrats will use to undermine Roberts, because
they have nothing else, so don't be surprised by them. After all, Chuck
Schumer already telegraphed these tactics on Tuesday.




--
"The Democratic tent has shrunk to the size of a dunce cap. There's no

room

for Conservatives like me. We used to have Moderates and Conservatives in
the party. Then they ran us out."


- Sen. Zell Miller



.


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