Sunday, September 25, 2005

Chief Justice Roberts

It looks all but certain now that John Roberts will be confirmed as the next Chief Justice of the United States (side note: the title is NOT Chief Justice of the Supreme Court).  That's a good thing.  I think.

My good friend Matt is right -- this guy is a cipher.  Or like a Gump Box of Chocolates (where you never know...).  You can't help but be impressed by the guy; even the Senatorial opponents speak glowingly of his intellect and demeanor (though they also cannot help but take the potshots required by future-fundraising-concerns).

Sure, i'd rather have a confirmed Roe/Casey opponent.  After all, the GOP has held the White House for 24 of the 32 years since the Roe debacle (as you can see, i'm not angling for a future seat on SCOTUS), and all but 2 (Ginsberg/Breyer) of the current justices were appointed by Republican presidents.  So why can't we get this heinous decision overturned?  Go nuclear if you have to.

But i'll take my chances with Roberts.  I think he is very close philosophically to Reinquist.  And i think he is very well suited to lead the Judicial branch.  I especially liked his analogy to baseball umpires...

Judges and justices are servants of the law, not the other way around. Judges are like umpires. Umpires don't make the rules; they apply them.

The role of an umpire and a judge is critical. They make sure everybody plays by the rules.

But it is a limited role. Nobody ever went to a ball game to see the umpire.

Judges have to have the humility to recognize that they operate within a system of precedent, shaped by other judges equally striving to live up to the judicial oath.

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