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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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    Re: Learning From Judge Roberts (none / 0) (#1)
    by The Heretik on Sat Dec 17, 2005 at 01:03:52 PM EST
    Support of more broad, unbridled executive power is most worrisome to me. Restriction and regulation of abortion to the point of making it de facto unavailable as an option is likely. The wall of separation of church and state will tumble down, decision by decision.

    Re: Learning From Judge Roberts (none / 0) (#2)
    by wg on Sat Dec 17, 2005 at 01:03:53 PM EST
    I will second this concern. See the speech in New Orleans. "It is now clear that a challenge on this scale requires greater federal authority and a broader role for the armed forces ..." Standard response for this administration, grab more powers any time you can. Roberts will likely be a willing facilitator here.

    Re: Learning From Judge Roberts (none / 0) (#3)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:03:53 PM EST
    That is what everyone wanted. The local and state failed and everyone blamed it on bush. He can not be at blame unless he is in charge. I do not like federal control and should only be in worst case, but local and state failed to prepare and prevent so I dont know. Hopefully it goes to contractors and maybe some one like Donald Trump running the show.

    Re: Learning From Judge Roberts (none / 0) (#4)
    by wg on Sat Dec 17, 2005 at 01:03:54 PM EST
    Josh Marshall addresses this point in this post, better than I could.

    Re: Learning From Judge Roberts (none / 0) (#5)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:03:55 PM EST
    "He can not be at blame unless he is in charge." Obviously you have never seen a PRISON. We put people who are to blame away, and they are no longer in charge. It's called JUSTICE. *Please make a note of it.*