Independent Student Newspaper Since 1969

The Badger Herald

Independent Student Newspaper Since 1969

The Badger Herald

Independent Student Newspaper Since 1969

The Badger Herald

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Judging Judge Roberts

In a moment I can only describe as extremely unsettling for an opinion columnist, I recently found myself identifying with the 18% of Americans surveyed by the Washington Post/ABC News that have “no opinion” on Supreme Court nominee John Roberts. (That’s not to say I don’t have my doubts.)

I will, without a doubt, have an opinion on the nominee by the time the process comes to a vote; however, the question the media is trying to ask the American public — whether or not the Senate should confirm Mr. Roberts — is premature. There’s a process, and that process, which promises to be interesting, is only just beginning.

This is the first time in eleven years that there’s been an opening on the court. Campaigns have changed a lot in recent years, especially with the advent of Internet activism. Sending a letter to your senator is as easy as a click of a button — you don’t even have to know who your senator is! The campaign to confirm Mr. Roberts is bound to be different from even the court’s most recent appointments — just how different is what I’m eager to watch unfold.

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The fight will be fought by one of three possible groups: members of the United States Senate, presidential hopefuls, or special interests. Each of these possible scenarios offers up different leaders and different deciding factors in whether or not Mr. Roberts will be confirmed.

Senate Democrats have already demanded that memos written by Mr. Roberts when he worked for the White House be turned over. The White House has already stated it will not turn over all the documents, claiming that attorney-client privilege protects the privacy of the documents. When things heat up, expect Democrats to emphasize that they don’t have all the information they requested. This fairly new strategy was working so well for Democrats in the Karl Rove scandal that President Bush had to offer up John Roberts as a distraction.

There’s going to be a lot of attention focused on potential presidential candidates during this process; their every word will be scrutinized in terms of a potential run in ’08. Democrats like Sen. Evan Bayh, Sen. Hillary Rodham Clinton, and Sen. Joe Biden will be thinking ahead to both the Democratic primary and the general election. Sen. Bayh might benefit by straying from the center with a “no” vote. Sen. Biden holds a seat on the judiciary committee — his questioning of Mr. Roberts will be crucial for his presidential prospects. The toughest vote, however, will be the one cast by Sen. Clinton, known for her unique brand of politics — most recently demonstrated by condemning pornographic material in videogames.

On the other side of the aisle, Sen. John McCain is the only Republican who stands to gain from the process. His identity as a moderate is already well established, so strong support of Mr. Roberts will win him some points with the Republican Party’s conservative base. Sen. McCain has played his cards perfectly so far, issuing a swift endorsement of Mr. Roberts after the president’s announcement.

Finally, what campaign would be complete without special interests groups? Organizations like NARAL Pro-Choice America, NOW, Focus on the Family, and Culture of Life have seized on some of Mr. Roberts’ statements during his tenure as Principal Deputy Solicitor General in which he voiced disagreement with the monumental right-to-abortion case Roe v. Wade. Despite those statements, however, Mr. Roberts has also claimed he would uphold Roe as the “law of the land.” With a record on abortion rights that is nowhere near clearly defined, the presumed-powerhouse special interest groups, who had been gearing up for the nomination fight for months, have become largely irrelevant. As more information is learned through the questioning process, expect to see other interest groups associated with gay rights, business, the environment and civil rights to weigh in on the nominee.

I’m looking forward to learning more about John Roberts as the Senate continues the confirmation process. The seat he is seeking to fill will be a crucial one for many important decisions to come, and his candidacy must be treated with seriousness, critical attention, and care.

Elizabeth Sanger ([email protected]) is a junior majoring in literature.

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