Balkinization  

Thursday, July 21, 2005

Why Bush Chose Roberts

JB

And what this means for the Court's future. All explained in my op-ed in today's Newsday, which appears here.

Hint: Roe v. Wade is here to stay. But it will be a symbolic Roe v. Wade, offering just enough constitutional protections to keep enough Americans mollified.


Comments:

I wish I had your optimism about Roberts' likely direction, but I worry that - on Roe, at least - what looks to be a Rehnquist could very easily turn out to be a Kennedy. If we gain a conservative Justice who buys into substantive due process, we have gained nothing.
 

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