• John Roberts,  Politics,  Supreme Court

    Judge John Roberts Watch: Easy Confirmation Ahead But Who is Next? Judge Priscilla Owen

    Senate Judiciary Committee Chairman, Sen. Arlen Specter, R-Penn., speaks on Monday, Sept. 26, 2005 in the Senate in Washington, regarding confimration of John Roberts as Chief Justice of the United States.

    The ASSociated Press has Roberts Heads Toward Easy Confirmation.

    Judge John Roberts will be confirmed by Thursday and then attention will turn to the next nominee.

    President Bush gave a hint today.

    “I will pick a person who can do the job. But I am mindful that diversity is one of the strengths of the country,” Bush said Monday. He is under pressure from many quarters — including his wife — to pick a woman or a minority for O’Connor’s seat.

    Although Flap was wrong on the date and time, he expects Judge Priscilla Owen to be named this Friday.

  • John Roberts,  Politics,  Supreme Court

    Judge John Roberts Watch: Leahy Supports Nomination

    Senate leaders and the top two lawmakers on the Judiciary Committee speak with members of the media, Wednesday, Sept. 21, 2005, after a White House meeting with President Bush to discuss the second vacancy on the Supreme Court. The meeting was similar to one Bush held in July, one week before he nominated Roberts to fill the shoes of the late Chief Justice William H. Rehnquist. Left to right are Senate Democratic leader Harry Reid, D-Nev., Sen. Patrick Leahy, D-Vt., Senate Judiciary Committee chairman Arlen Specter, R-Penn. Senate Majority Leader Bill Frist, R-Tenn.

    The senior Democrat on the Judiciary Committee announced Wednesday he will vote to confirm John Roberts for chief justice of the United States after leading lawmakers met with
    President Bush to discuss candidates for the other high court vacancy.

    The announcement by veteran Sen. Patrick Leahy (news, bio, voting record) came amid virtually unprecedented executive-legislative branch jockeying over not one, but two high court openings, seats left vacant by the death of Chief Justice William H. Rehnquist and the retirement of Associate Justice Sandra Day O’Connor.

    Roberts’ confirmation was virtually assured even before Leahy’s announcement. The Vermont senator’s decision, made public shortly after he and three other leading senators met privately with Bush at the White House to discuss candidates for O’Connor’s place on the bench, came on the eve of the Judiciary panel’s vote on whether to favorably recommend Roberts’ confirmation.


    Who cares?

    Is this the attempt by Democrats to look reasonable in the Robert’s confirmation process. Judge Robert’s confirmation is assured and Leahy’s support is meaningless. But, then again, it is no surprise that Kennedy and Kerry will vote against the confirmation.

    The Robert’s confirmation is guaranteed and the President is now moving to his next nomination.

    Captain Ed has Dividing The Dems

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  • John Roberts,  Politics,  Supreme Court

    Judge John Roberts Watch: Democrats Conflicted on Whether to Vote to Confirm Roberts

    Senator Dianne Feinstein, Democrat of California, said she was conflicted about the nomination. “I’m sorting out what I feel now,” she said.

    The New York Times has Frustrated by Roberts, and Unsure How to Vote.

    Senate Democrats are deeply conflicted about how to vote on the nomination of Judge John G. Roberts Jr. to be the nation’s 17th chief justice, and appear divided about how, and whether, to use their vote to send a message to President Bush as he selects a candidate to fill a second Supreme Court vacancy.

    Good grief these poor leftie souls cannot make a decision?

    GIVE ME A BREAK!

    They do NOT want to vote for Judge John Roberts because he is a Republican nominee, and a conservative..

    Judge Roberts is eminently qualified and was confirmed by the Senate just two years ago for the Federal Court of Appeal.

    Judge Roberts’s unflappable performance during three days of questioning has clearly put Democrats in a quandary. Some say a strong vote against his nomination could prod the White House into naming a centrist to fill the vacancy created by the retirement of Justice Sandra Day O’Connor, a crucial swing vote. Others say that supporting the Roberts nomination could make Democrats appear reasonable, giving them more credibility to oppose the next nominee.

    Flap says it makes NO difference how these lefties vote. They are viewed as partisan, the Republicans hold the majority of the Senate and barring some last minute disqualifying event Judge Roberts will be confirmed with Republican votes alone.

    Then………..the Democrats can rationalize why they voted to deny confirmation to such an outstanding jurist.

    As the Judiciary Committee wrapped up its questioning of Judge Roberts on Thursday morning, Democrats, who have repeatedly assailed the nominee for not being forthcoming, expressed obvious frustration. Senator Dianne Feinstein, Democrat of California, told Judge Roberts that she had “one impression of you when we had our hour in private,” and another at the hearing.

    Later, in an interview, Senator Feinstein declined to elaborate. “I’m sorting out what I feel now,” she said, shaking her head.

    PLEASE Senator Feinstein don’t make any more of an ASS out of yourself than you already have.

    You voted to confirm Judge Roberts two years ago.

    What has changed?

    Your need to placate the moveon.org folks?

    Judge Roberts will be easily be voted out of committee next Thursday by the Senate Judiciary Committee and then confirmed by the whole Senate.

    Flap handicaps that next Friday after Chief Justice Roberts clears committee President Bush will name the successor to retiring Justice Sandra Day O’Connor.

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  • John Roberts,  Politics,  Supreme Court

    Judge John Roberts Watch: No Ideologue

    Senate Judiciary Committee member, Sen. Charles Schumer, D-N.Y., left, greets Chief Justice nominee John Roberts on Capitol Hill, Thursday, Sept. 15, 2005 prior to the committee’s confirmation hearing for Roberts.

    The ASSociated Press has Roberts Says He Won’t Be Ideologue.

    Chief Justice nominee John Roberts wound up three days of sometimes-contentious Senate testimony Thursday by telling wary Democrats that ideologues don’t belong on the Supreme Court. He said his record shows he will rely on the law, not personal views.

    Persistent grilling by Democrats on the Judiciary Committee made no apparent inroads in Roberts’ support among the Senate’s majority Republicans, who plan to vote the week after next to make him the nation’s 17th chief justice.

    Roberts tried to reassure Democrats that he would use the “rule of law,” not his personal beliefs, to judge cases that come before the high court.

    “I think if you’ve looked at what I’ve done since I took the judicial oath, that should convince you that I’m not an ideologue,” Roberts said after an impassioned plea by Democratic Sens. Dianne Feinstein of California and Charles Schumer of New York for him to explain what kind of chief justice he would be. As for ideologues, he said, “you and I agree that that’s not the sort of person we want on the Supreme Court.

    The leftie Democrats are stymied. Checkmate!

    For what reason would any Senator oppose this nomination besides blatant partisan politics.

    Flap is anxious to hear from California Democrat Senator Dianne Feinstein. DiFi voted to confirm Roberts two years ago for the Court of Appeals, she is up for re-election in 2006, and is considered a moderate Democrat.

    If she does not vote to confirm Roberts (Senator Orrin Hatch is correct), then she will probably be unable to vote for any candidate nominated by President Bush.

    The Senate Judiciary Committee Chairman, Arlen Specter, should move up the timetable and vote this nominee out of committee early so the Senate can confirm Roberts before the first Monday in October.

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  • John Roberts,  Pledge of Allegiance,  Politics,  Supreme Court

    Pledge of Allegiance Watch: Federal Judge Declares Pledge Unconstitutional – To Be Immediately Appealed

    Update: The Becket Fund, a religious rights group that is a party to the case, said it would immediately appeal the case to the San Francisco-based 9th U.S. Circuit Court of Appeals. If the court does not change its precedent, the group would go to the Supreme Court.

    “It’s a way to get this issue to the Supreme Court for a final decision to be made,” said fund attorney Jared Leland.

    The decisions by Karlton and the 9th Circuit conflict with an August opinion by the 4th U.S. Circuit Court of Appeals in Richmond, Va. That court upheld a Virginia law requiring public schools lead daily Pledge of Allegiance recitation, which is similar to the requirement in California.

    A three-judge panel of that circuit ruled that the pledge is a patriotic exercise, not a religious affirmation similar to a prayer.

    “Undoubtedly, the pledge contains a religious phrase, and it is demeaning to persons of any faith to assert that the words `under God’ contain no religious significance,” Judge Karen Williams wrote for the 4th Circuit. “The inclusion of those two words, however, does not alter the nature of the pledge as a patriotic activity.”

    Karlton, appointed to the Sacramento bench in 1979 by President Carter, wrote that the case concerned “the ongoing struggle as to the role of religion in the civil life of this nation” and added that his opinion “will satisfy no one involved in that debate.”

    Karlton dismissed claims that the 1954 Congressional legislation inserting the words “under God” was unconstitutional. If his ruling stands, he reasoned that the school children and their parents in the case would not be harmed by the phrase because they would no longer have to recite it at school.

    It is surprising that Slow Joe Plagiarist Biden did not ask Judge Roberts today what his opinion is.

    Nahhhh he will probably stay away from this one. He would not want to be viewed unpatriotic would he?

    Flap knows how Chief Justice Roberts will rule on this stupid issue.

    A Federal Judge has ruled today that “Under God”is unconstitutional in the Pledge of Allegiance.

    A federal judge in San Francisco ruled this morning that it is unconstitutional for public school children to recite the Pledge of Allegiance, because of its reference to one nation “under God.”

    U.S. District Judge Lawrence Kartlon ruled he is bound by the precedent set by the Ninth U.S. Circuit Court of Appeals.

    Well, this case resurfaces again.

    Flap handicaps the Supremes will hear this case (albeit in a few years) and certainly SLAP the 9th Circuit when they overturn it. As they should!

    And folks wonder why appointments to the federal bench are SO important.

    Karlton ruled in a lawsuit brought by Sacramento atheist Michael Newdow on behalf of three families who are custodial parents of children who attend Northern California public schools and the students themselves.

    Last year Newdow lost a similar attempt to have the pledge ruled unconstitutional when he sued on behalf of his daughter. The Ninth Circuit Court of Appeals agreed with Newdow’s argument the pledge violated the First Amendment’s ban on establishing religion. The case was appealed and ended up before the U.S. Supreme Court, but the justices declined to rule, saying there was a question about whether Newdow had custody of his daughter. Newdow returned to the issue earlier this year representing families of public school children.

    Stay Tuned.

    Update #1

    The ASSociated Press has this account Judge: School Pledge Is Unconstitutional.

    U.S. District Judge Lawrence Karlton ruled that the pledge’s reference to one nation “under God” violates school children’s right to be “free from a coercive requirement to affirm God.”

    Karlton said he was bound by precedent of the 9th U.S. Circuit Court of Appeals, which in 2002 ruled in favor of Sacramento atheist Michael Newdow that the pledge is unconstitutional when recited in public schools.

    The Supreme Court dismissed the case last year, saying Newdow lacked standing because he did not have custody of his elementary school daughter he sued on behalf of.

    Newdow, an attorney and a medical doctor, filed an identical case on behalf of three unnamed parents and their children. Karlton said those families have the right to sue.

    Karlton, ruling in Sacramento, said he would sign a restraining order preventing the recitation of the pledge at the Elk Grove Unified, Rio Linda and Elverta Joint Elementary school districts, where the plaintiffs’ children attend.

    Of course, the restraining order will be stayed but this issue will definitely be a HOT POLITICAL issue in California…..just in time for the November Special Election.

    XRLQ has it right, Moron Judge of the Day: Lawrence Karlton

    Hugh Hewitt has a solution, Calling for Justice McConnell?

    Michelle Malkin has ONE NATION, UNDER ATHEISTIC INSANITY…

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  • John Roberts,  Politics,  Supreme Court

    Judge John Roberts Watch: Biden Calls Roberts the BEST

    Exclusive Drudge sources in the U.S. Senate’s Hart Building heard Democrat Sen. Joe Biden say to Judge John G. Roberts in a private conversation on the hearing room floor: ‘You’re the best I’ve ever seen before the committee’…

    Coming from Slow JOE Plagiarist Biden this is …… well expected?

    Senators just vote tomorrow.

    The U.S. Supreme Court needs a Chief Justice and Judge Roberts in an outstanding candidate.

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  • John Roberts,  Politics,  Supreme Court

    Judge John Roberts Watch: Confirmation Hearings Day 3

    Chief Justice nominee John Roberts (L) shares a light moment with Senator Joseph Biden (D-DEL) during a break in Roberts’ Senate Judiciary Committee confirmation hearings on Capitol Hill in Washington, September 14 , 2005. During yesterday’s session, Roberts declined to say if he would reverse the long-standing decision legalizing abortion but said he believed the Constitution accorded Americans the right to privacy, the key underpinning of the landmark ruling.

    The Washington Post has Roberts Says He’ll Decide Cases by Law.

    Chief Justice nominee John Roberts said Wednesday that the law, not his own personal views, would be his guide in deciding right-to-die cases that might come before the Supreme Court.

    At the same time, Roberts stopped short of providing his specific views on the issue _ as he has steadfastly done on other contentious subjects in three days of confirmation hearings before the Senate Judiciary Committee. That left Democrats chafing.

    “We are rolling the dice with you judge,” said Sen. Joseph Biden, D-Del., who made no headway in extracting Roberts’ personal feelings about when to decide to end life supports for an ailing family member.

    Senator Slow Joe Plagiarist Biden would not be happy with any Republican nominee to the court. His ploding drudge of long-winded rhetoric is an embarassment to the United States Senate.

    Republicans in the GOP-controlled Senate made it clear that President Bush’s choice was on a smooth path toward confirmation to a lifetime job, and they challenged Democrats who might oppose Roberts’ nomination to be the nation’s 17th chief justice.

    “If people can’t vote for you, then I doubt that they can vote for any Republican nominee,” said Sen. Orrin Hatch, R-Utah.

    A persistent Biden sought Roberts’ opinion on whether any law could trump the right to die, but the nominee would say little more than his oft-repeated response that it would be inappropriate to comment on a case that he might decide.

    “There are cases that come up exactly in that context … before the court,” Roberts said. “I will confront them with an open mind. They won’t be based on my personal views. They will be based on my understanding of the law.”

    What more does the Senate want?

    Judge Roberts is an excellent choice for Chief Justice.

    The Senate Judiciary Committee should spare the country more rhetorical largess of Senators lhogging television time but saying NOTHING…….vote him out of committee, let the Senate confirm him and let Roberts get started for the first Monday in October.

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  • John Roberts,  Politics,  Supreme Court

    Judge John Roberts Watch: Confirmation Hearings Start

    President Bush’s nominee for the Chief Justice of the Supreme Court John Roberts leaves his house on Monday, Sept. 12, 2005, in Chevy Chase, Md. Less than three years after first donning a judge’s robe, John Glover Roberts Jr. is on a path toward speedy confirmation for becoming, at age 50, chief justice of the United States.

    The ASSociated Press has Senate to Start Roberts’ Hearings Today.

    Roberts smiled and said merely, “Good morning,” as he left for the hearings from his suburban Maryland home Monday. Outside the Supreme Court, across the street from the Capitol, several dozen demonstrators carried signs that said “Confirm Roberts” and “Stop Abortion Now.” Court officers stood shoulder-to-shoulder to keep demonstrators at a distance.

    Lawmakers were devoting the first day of the weeklong hearings to opening statements _ from the 17 men and one woman on the Senate Judiciary Committee, from the three senators who were introducing Roberts and from the nominee himself.

    Less than three years after first donning a judge’s robe, Roberts seemed on a path toward speedy confirmation.

    Today the country will be bored with the statements of the eighteen Senators on the Senate Judiciary Committee.

    The hearings are beginning…..carried gavel to gavel on C-Span 3 or cspan.org.

    Supporter of Supreme Court Chief Justice nominee John Roberts, Corinne Reed of Wichita Kan., joins a a rally of supporters and opponents Roberts’ confirmation in front of the U.S. Supreme Court, Monday, Sept. 12, 2005 in Washington. Roberts’ confirmation hearing begins today

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  • John Roberts,  Politics,  Supreme Court

    SCOTUS Watch: President Bush Nominates Judge John Roberts for Chief Justice

    US President George W. Bush (R) shakes hands with John G. Roberts after he announced him as nominee for Chief Justice of the Supreme Court in the Oval Office in Washington, DC.

    Reuters has Bush picks Roberts to succeed Rehnquist.

    President George W. Bush nominated conservative appeals court judge John Roberts on Monday to replace the late
    William Rehnquist as Supreme Court chief justice, the top judicial position in the United States

    Senate leaders planned to delay Roberts’ confirmation hearing out of respect for Rehnquist, who died on Saturday of thyroid cancer.

    “Judge Roberts has earned the nation’s confidence, and I’m pleased to announce that I will nominate him to serve as the 17th chief justice of the Supreme Court,” Bush said in the Oval Office with Roberts at his side.

    “The Senate is well along in the process of considering Judge Roberts’ qualifications. They know his record, and his fidelity to the law. I’m confident the Senate can complete hearings and confirm him as chief justice within a month,” Bush said.

    Judge John Roberts is an excellent choice and will lead the court for many years.

    A video of the nomination is here.

    Flap handicaps a woman nominee to replace retiring Justice Sandra Day O’Connor:

    Janice Rogers Brown

    Edith Clement

    Edith Hollan Jones

    Priscilla Owen

    Look for the nomination to be announced after the Robert’s confirmation hearings begin.

    Captain Ed has the next nominee as Janice Rogers Brown.

    Professor Bainbridge does not agree.

    If I were setting the odds right now, it might look something like this:

    * Gonzales 2-1
    * McConnell 5-1
    * Clement 10-1
    * Brown 20-1

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