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Anyone following the Judge Roberts thing?

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.Ryan View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote .Ryan Quote  Post ReplyReply Direct Link To This Post Topic: Anyone following the Judge Roberts thing?
    Posted: 15 September 2005 at 6:13pm
I don't really know what to think about him. At first I was thinkin hell no, being that he used to be a coroporate lawyer but when I dug a little deeper he seems like he's pretty moderate. I still don't know about him though, he basically dodged every question asked of him in the last two days. That alone makes me not want to trust him. It ought to be interesting to see who replaces O'Connor though....

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Clark Kent View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Clark Kent Quote  Post ReplyReply Direct Link To This Post Posted: 15 September 2005 at 6:16pm
I think he will make an excellent judge.
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.Ryan View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote .Ryan Quote  Post ReplyReply Direct Link To This Post Posted: 15 September 2005 at 6:22pm
If he is as by-the-book anti-activist as he says, I agree. But, like I said, he did a lot of dodging during the questions. If he ever did decided to use his own beliefs in deciding a case it'll be kinda iffy. He pretty much wouldn't share his opinions on stuff. 

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Clark Kent View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Clark Kent Quote  Post ReplyReply Direct Link To This Post Posted: 15 September 2005 at 6:25pm

His beliefs are irrelevant.  The only belief that matters is whether his beliefs should matter, and I believe that he believes that his beliefs will not matter.

Therefore he will be a good judge, regardless of his beliefs.

:)

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.Ryan View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote .Ryan Quote  Post ReplyReply Direct Link To This Post Posted: 15 September 2005 at 6:27pm
Let's just hope that belief is strong.

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Clark Kent View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Clark Kent Quote  Post ReplyReply Direct Link To This Post Posted: 15 September 2005 at 6:28pm
Ditto.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote bluemunky42 Quote  Post ReplyReply Direct Link To This Post Posted: 15 September 2005 at 6:35pm
i don't follow it. what's it about?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote xteam Quote  Post ReplyReply Direct Link To This Post Posted: 15 September 2005 at 6:36pm
no
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Hades Quote  Post ReplyReply Direct Link To This Post Posted: 15 September 2005 at 6:36pm
Whatever happens with it, happens. There isnt anything I can do about it so I dont really pay attention.

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Clark Kent View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Clark Kent Quote  Post ReplyReply Direct Link To This Post Posted: 15 September 2005 at 6:38pm

Originally posted by .Ryan .Ryan wrote:

At first I was thinkin hell no, being that he used to be a coroporate lawyer 

BTW, corporate lawyers come in all shapes and sizes.  It would be incorrect to conclude that all, or even a large majority, or corporate lawyers are conservative/Republicans.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote AgentWhale007!` Quote  Post ReplyReply Direct Link To This Post Posted: 15 September 2005 at 6:50pm

I think I laughed myself silly watching The Daily Show the night Bush chose Roberts.

"So what are the Democrats saying about the decision?"

"John, the Democrats have been angry over Bush's selection for weeks now"


Paintball is lame.
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Zesty View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Zesty Quote  Post ReplyReply Direct Link To This Post Posted: 15 September 2005 at 8:11pm
Are you talking about John Roberts?

If so, I read some horrible things about him, but it was in the Rolling Stone so who knows how accurate that is.

To sum it up the artical clamined a few things about him:

-Pro-life/anti-abortion...he has been quoted as saying "the government has a legitimate interest in protecting the unborn child."...Roe v. Wade decision " was wrongly decided and should be overruled."

-Religious fanatic-supports school prayer, and even school prayer clubs. Quote,"exclusion of religion....sends the clear message that the State favors irreligion."

-Against flag-burning- Quote,"the First Amendment does not prohibit Congress from removing the American flag as a prop available to those who seek to express their own views by destroying it."

-In regards to an endangered species of frog in California- quote,"a hapless toad that, for reasons of its own, lives its entire life in California."

-Supports torture- when asked about the geneva Convention,"(it) cannot be judicially enforced"....and "does not apply to Al Qaeda and its members."

Basically the dude sounds like a total douche from what i've read about him.....I don't want him in any position to make any decision that could potentially seriously affect someone's life.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mephistopheles Quote  Post ReplyReply Direct Link To This Post Posted: 15 September 2005 at 8:15pm
If he doesn't make a judge, I think he'll find a good job in the American League.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Rambino Quote  Post ReplyReply Direct Link To This Post Posted: 15 September 2005 at 8:32pm

Zesty -

I didn't read that article, but if your quotes are any indication, the article is a piece of trash, liberally combining incorrect quotes, out-of-context quotes, misconstrued quotes, and unsupported conclusions.

 

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Homer J Quote  Post ReplyReply Direct Link To This Post Posted: 15 September 2005 at 8:36pm
Originally posted by .Ryan .Ryan wrote:

If he is as by-the-book anti-activist as he says, I agree. But, like I
said, he did a lot of dodging during the questions. If he ever did
decided to use his own beliefs in deciding a case it'll be kinda iffy.
He pretty much wouldn't share his opinions on stuff.

He actually answered more questions than most Supreme Court nominees usually do.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Dead_George52 Quote  Post ReplyReply Direct Link To This Post Posted: 16 September 2005 at 12:54am
I wish he would just lay down his beliefs instead of shutting up like a freakin' butterclam!
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Zesty View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Zesty Quote  Post ReplyReply Direct Link To This Post Posted: 16 September 2005 at 11:34am
Originally posted by Rambino Rambino wrote:

Zesty -


I didn't read that article, but if your quotes are any indication, the article is a piece of trash, liberally combining incorrect quotes, out-of-context quotes, misconstrued quotes, and unsupported conclusions.


 

That must be it. It was the Rolling Stone after all!

But like anything, you can't just write it off as trash and assume it has no valid points!

One thing that struck me, is I have heard he has not stated whether or not he supported roe v. wade, but in this article it has a direct quote from him saying he does not agree with the ruling and it should be overturned.

So I don't know if that was a downright fake-quote of him, but if he even said anything of the sort he seems to be backtracking now that he's in the spotlight.

Regardless, the dude obviously doesn't have a pair seeing as he's afraid to make his position known, and IMHO, the people that are afraid to let their aganda be known are the ones to fear most.

He strikes me as a conservative square, which is the exact opposite of me.

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Zesty View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Zesty Quote  Post ReplyReply Direct Link To This Post Posted: 16 September 2005 at 11:41am
The only things I have even read about this dude was in Rolling Stone and this article, so please forgive me!

But from the link, they seem to agree that the guy is side-stepping a lot of the major social and moral issues. He is not being forthcoming with his views and beliefs, which honestly scares me!

He is quoted as saying the roe v. wade ruling was wrongly decided and should be overturned, and now he seems to say the exact opposite, that he accepts it as a set precedent.

It's not even a big deal for me, because I have better things to worry about than this poser, but the only research I've done into it points to the dude as being someone I'm not "down with".
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Post Options Post Options   Thanks (0) Thanks(0)   Quote DBibeau855 Quote  Post ReplyReply Direct Link To This Post Posted: 16 September 2005 at 11:42am
Over turned or not, if the case comes up again, to the supreme court, they can overturn it if they want, thats their right. They are supposed to rule by the book, what ever the constitution says. If the court that is in session feels it was a bad decision. Its going to get overturned. No point in complaining about a slow moving train.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Rambino Quote  Post ReplyReply Direct Link To This Post Posted: 16 September 2005 at 12:00pm

Zesty -

As best I could tell from your post, many of those quotes are from legal opinions that he wrote, and these quotes are twisted out of context.

Example:  -In regards to an endangered species of frog in California- quote,"a hapless toad that, for reasons of its own, lives its entire life in California."

The "hapless toad" comment was from a case involving the application of Federal law to what may be a State issue.  The question was whether the Endangered Species Act (Federal law) can apply to a creature that lives only in one state.  The Commerce Clause of the Constution gives Congress the power to regulate interstate commerce, but Congress does NOT have the general power to pass laws for intra-state matters.  So the issue at hand in the case was whether this toad counted as "interstate commerce".  Roberts thought that it did not, in part because the toad only lives in California.

So - a very specific and complex legal issue.  There is no cause to conclude that Roberts is against the protection of endangered species - none at all.  He simply favors a more restrictive reading of the Commerce Clause, and he has been pretty consistent about that.  In this particular case it happened to be an environmental issue, but that was happenstance.

The "hapless toad" phrase is a good example of judges who think they are very clever.  US jurisprudence is full of judges using snide comments to make points.  It is unfair to Roberts to infer from this any position on toads.

 

Similarly:  -Supports torture- when asked about the geneva Convention,"(it) cannot be judicially enforced"....and "does not apply to Al Qaeda and its members."

The application of the Geneva Convention to non-nations is unclear at best, and established law probably favors the position that the Geneva Convention does NOT apply to non-nation actors, any more than it applies to treatment of common criminals.  Roberts argued his legal case (which is not an unusual position), and it would be unfair to conclude that he "supports torture".  Based on my reading I tend to agree that the Geneva Convention does not apply to Al-Qaeda - but I certainly do not approve of the administration's practice of torturing them.  Moreover, you have to remember that Roberts was working for Reagan at the time - his JOB was to support the position of the administration, not to be "fair".

Similar criticisms apply to most/all of the rest of your quotes, at least the ones I could track down.  Generally speaking, they take a position on a legal issue and twist it into a position on a substantive/moral issue.  That isn't fair to any judge.  Judges are supposed to judge based on the law, not based on the facts.  And Roberts has, IMO, shown a very good ability to judge based on law and not facts.

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