Learning From Judge Roberts
Uh-oh. Alan Dershowitz discusses what he has learned from listening to Judge Roberts:
1. He will not overrule Roe v. Wade, though he will not extend it beyond current Supreme Court holdings.
2. He will dramatically lower the wall of separation between church and state, and be a reliable vote with Justices Scalia and Thomas on this critical issue.
3. He will uphold the death penalty against both substantive and procedural challenges and will narrow the opportunity of death row inmates to challenge their convictions.
4. He will recognize the President’s broad power to fight terrorism though he will apply literal restrictions on that power that are explicit in the Bill of Rights. In this respect, he will be more like Justice Scalia than Chief Justice Rehnquist.
5. He will not overrule existing gay rights decisions, but he will probably not expand them. In this respect he may be closer to Justice Kennedy than to Chief Justice Rehnquist.
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