In the end, then, I believe it's time for Democrats to start saving their ammunition for the next nominee: the one who will replace the swing-voting O'Connor, rather than the conservative Rehnquist.
We have long known that Roberts had the talent and experience to be a Chief Justice. And although the hearings have been stunningly uninformative overall, Roberts's testimony suggests that he is the wrong candidate to oppose on purely ideological grounds. Indeed, based on his testimony, Roberts may prove to be both more thoughtful and at least slightly more liberal than the former boss (Roberts served as Rehnquist's law clerk) whom he is replacing.
Democrats should vote yes, and hope for a pleasant surprise over what is likely to be Roberts's long tenure as the Court's first among equals.
-- Edward Lazarus
It is somewhat unclear, as Mark Tushnet suggests, how just voting against Judge Roberts spends so much ammo that not enough will be around the next time around. In actuality, it suggests why we need a more mature way of doing things here. As Lazarus suggests, Democrats have a hard time with developing a good public relations strategy to oppose the current conservative (or rather, incompetently fascist) state we have to bear these days. Thus, Dems try to sell that particular nominees are "outside of the mainstream," which in some sense means they are scary sorts that would be a true threat to the commonwealth. This is a hard sell with nice guy sorts like Judge Roberts, and clearly only can be done in a sparingly matter.
But, there are other ways to go here. The Democrats can vote (and given the low ebb of the Bush Administration, not lose much in the process) "no," and say that they just basically ideologically oppose the guy. The public really thinks this when they oppose others in the past anyway, true or not. And, as noted in the past, a good case can be made that Roberts is ideologically quite conservative. You know, if you actually base your judgment on his actions. One will make reference to the past, including near unanimous votes in support of the likes of Justice Ginsburg (who Sen. Hatch recommended). Let them. Things are different now. The fact that the Dems are stuck by those who compare now with 1994 as if the situation is the same is a sign of how freakening weak they truly are.
Anyway, why should we vote for Roberts? The fact he is quite competent is notable, sadly so, given recent events. The hearings are said to be "stunningly uninformative,"* but apparently informative enough to tell us his ideology is not too bad. Hmm. Nor, is the fact that he will be "at least slightly" more liberal than Rehnquist a particular big sell. So, we are left with the "hope for the best" principle. You know, the same one used by those morons in my party who supported the war, even though they knew the commander-in-chief was an incompetent dweeb.
[Note: Why is anyone surprised with his handling of New Orleans? What led us to think he would handle things well? Hope? Do we also believe in fairies? Or is the astonishment and disgust from the likes of Charles Krauthammer and David Brooks just a show? Don't worry: el presidente is on t.v. now saying he will lead the rebuilding. I feel so much better now. Thanks Bush voters!]
I will be honest. On some level, I do think Judge Roberts is not a bad pick. You figure a replacement of Chief Justice Rehnquist would be conservative and he does seem like a very competent and personable sort. But, on principle, why should we support this guy? He stands for an ideology that the Democratic Party should be strongly against; the fact he might not be as bad as some stereotypical demon doesn't change this. Honestly, Rehnquist wasn't THAT bad in various ways either.
And, an up and down vote would still lead to his appointment. Do you think a 87-13 vote will compel Bush to replace O'Connor with a better sort? In what universe? Besides, I DON'T TRUST BUSH. When will they learn that a middle path will not get them very far. A strong, principled, opposition very well might. The fact that this can be done along with a strong effort to have O'Connor's replacement not be a dangerous one is akin to walking and chewing gum at the same time. If it cannot be done when the SUPREME COURT is at stake, when can it be? Are Dems to use all that ammo once? When are they saving it for? The nomination of a random appellate judge?
And, let Republicans vote against a strongly liberal sort if the next Democratic President is the incompetent ideologue s.o.b. that President Bush is. [Again, same situation, the guy/gal would be appointed anyway.] But, let's hope that is not the case, and that the Dems control the Senate again by then anyway.
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* Various accounts suggest the hearings actually have been somewhat useful in getting a hold of what his views truly are. Therefore, reading between the lines, one finds that they do serve a purpose. More can be accomplished, but the assumption that they are useless is hyperbole.