With his nomination of John Roberts to the Supreme Court, George W. Bush missed one more opportunity to prove he's "a uniter, not a divider."
For weeks, Democratic leaders in the Senate practically begged Bush to avoid another Armageddon over judicial appointments. Consult with us the same way Clinton used to consult with Senate Republicans, they advised him. Appoint a woman. Pick someone in the tradition of Sandra Day O'Connor: a true conservative, but not an ideologue.
But Bush ended up stiffing Democrats on the court the same way he stiffed them on Social Security. Never responded to the names of acceptable conservatives they sent to the White House. Ignored their advice – even his wife's! – to name another woman. Appointed a white male instead, one who promises to be, not another Sandra Day O'Connor, but another Antonin Scalia or Clarence Thomas: an extreme right-wing zealot.
No doubt Roberts is a bright, qualified lawyer with extensive experience, both in private practice and government, including 39 cases argued before the Supreme Court. The problem is not his judicial qualifications, but his political ideology. His track record as deputy solicitor general and as member of the D.C. Court of Appeals for only two years proves how far out of step he is with mainstream America.
In 1990, as Ken Starr's deputy in the solicitor general's office, Roberts appeared before the Supreme Court to support legislation banning clinics that received federal funds from providing advice on abortion. Even though this was a limited-funding issue, Roberts tried to turn the case into a direct assault on Roe v. Wade. "We continue to believe," he told the court, "that Roe v. Wade was wrongly decided and should be overturned." No matter what conservatives say, that is not the position of most Americans. In the latest ABC News poll, 68 percent of Americans said that Roe v. Wade should remain untouched, the law of the land. Roberts is in the extreme minority.
On an important church-state issue, Roberts argued for the first Bush administration that formal prayer should be permitted at public high-school commencements. If students didn't like it, said Roberts, they could simply stay away from their own graduation. In another First Amendment case, Roberts argued that flag-burning was unconstitutional. Both positions were rejected by the Supreme Court. You know he's an extremist when even the Rehnquist court finds him too conservative.
As junior jurist on the D.C. appeals bench, Roberts' record is equally out of the mainstream. He was one of only two members to dissent from a court ruling upholding the constitutionality of the Endangered Species Act (so much for environmental protection). And he recently gave his OK to the Bush administration's plan to try suspected terrorists at Guantanamo Bay in top-secret military tribunals, without basic due-process protections guaranteed by international law.
Perhaps most troubling of all about Roberts's record is a little-known case involving a young girl and a single French fry. It happened on the Washington subway system, where eating and drinking are prohibited. A 12-year-old was spotted on the subway eating a French fry. She was arrested, handcuffed, frog-marched off to police headquarters, finger-printed and detained for three hours until her mother arrived to pick her up. The outraged mother filed suit against the Metro. The court ruled for the mother, but Roberts sided with the city – a frightening insight into his lack of regard for individual rights and his excessive tolerance for the abuses of Big Brother.
Granted, Roberts doesn't have a long paper trail (which is why Bush picked him). In many ways, he's a "stealth candidate." But he has enough of a paper trail for us to know he's a member of the extreme right on economic and social issues. Which is why James Dobson, Tony Perkins and Pat Robertson are so ecstatic over his nomination.
The scariest part is: John Roberts is not only wrong on the issues, he's only 50 years old, which means that, if he's confirmed, he'll be in a position to undermine our civil liberties for the next 30 years or more.
We know what this is all about. George W. Bush wants to get Karl Rove off the front pages in the worst possible way. And he did so, by nominating John Roberts on the Supreme Court. But Democrats in the Senate can't let that happen. They must derail this train before it leaves the station.