I know as a good little liberal how I’m supposed to react to President Bush’s nomination of John Roberts to replace Sandra Day O’Connor. Evil incarnate. Rally the troops. Hold the line. Make him pay. Blah, blah, blah, blah-blah. The truth is, I see this as potentially a good thing.
Roberts is conservative, but all the reports from the people on both sides of the partisan fence indicate a solid thinker whose judicial conservatism is based on respecting precedent. As is the case with most lower court judges with this mindset, independent thinking is considerably tempered by the decisions of the Supreme Court, making it difficult to figure him out. We know he clerked for Darth Rehnquist, presuming him guilty by association and doomed to follow the master to the dark side. But one of the qualities I want in a Supreme Justice is respect for the laws that came before current cases. I don’t get the sense Roberts is so blind as to uphold a Jim Crow-ish law just because it was upheld in a bygone time, but to consider all that went into such a historical decision is a positive. I want my Court consistent and slow to change. That is what tempers the crap that goes on in Congress.
If I were in charge of the Democrats right now, I’d do the hapkido thing with Roberts. Generate a lot of steam and momentum towards a horrible, drag out fight only to unanimously approve Roberts to replace O’Connor. Do so with every Democrat on the floor indicating that the next nominee must be a woman and be the Chief Justice, replacing Rehnquist. Send a very clear message where the priorities are and put Bush in the awkward position of trying to find an equally credentialled female judge who will be Rehnquistian in her actions leading the highest court in the land. Don’t ask for a compromise here with an acceptable nominee, but demand all-out surrender for the juicier position.
Bush et al have tossed up a softball expecting the Democrats to waste lots of time and energy and political captial swinging for a grounder. I say, sacrifice this at bat and wait for the pitch that matters most. Let his own momentum be the means to gain better position.