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July 20, 2005

John Roberts Revealed As Nefarious Head Of Constitution In Exile Movement [Shudder]

Of course, those looking for a worse reason to suspect Judge Roberts of all sorts of villainy need look no farther than this post. Apparently I have led you all astray with my Thomasian conspiracy-flogging:

Thomas. Mein Gott Im Himmel!, who would have guessed it! That pudgy, avuncular-looking little man, suddenly rising up in his black robes like the Lord of the Nazgul. Stooping to pick at the flesh of a Woman's Right To Choose and grabbing welfare dollars from the hands of baby-Daddies all over this great nation! Sure, he may look like a teddy bear, but he's [[[shudder]]] worse than Scalia!

Yes, I admit I thought Clarence was the dread Lord of the Constitution-in-Exile movement, but it doth well appear that the true arch nemesis of all left-thinking jurists may be none other than John Roberts:

I have been skeptical as to whether there’s anything to the so-called “Constitution in Exile” movement, which sounds too much like revival of the Knights Templar to be plausible. Maybe too skeptical. Almost as if reading the DaVinci Code, I was a bit startled to come across this in one of John Roberts’ earlier writings:
"The contract clause provides an ideal vehicle to begin carrying disaffection with excessively deferential review into the area of social and economic legislation.”

Good nightshirt. Is there no end to the dirt that continues to emerge on this completely unsuitable extremist nominee? But there was worse to follow:

“An argument for stricter scrutiny in contract clause cases than in economic due process cases can be made, based on the specific mention in the Constitution and on the notion that contract, as a means of ordering personal affairs, deserves special protection from unwarranted state interference in a polity founded on personal autonomy and self-governance. On the other hand, most social and economic legislation can be expected to have some impact on existing contractual relations, so a revived contract clause with higher scrutiny may effectively carry this scrutiny over into the economic due process area.Even if the Court extends this mode of scrutiny to review social and economic enactments generally, it does not seem necessary to wave the bloody shirt of Lochnerism. The Court is simply requiring articulation of the state interest involved, so that it can justify the often severe harm inflicted in pursuit of it. …Excessive deference and speculation as to state purpose have led to some dubious results in the post-Lochner period, results which could be avoided by more careful judicial inquiry but without returning to the excesses of the Lochner era.” Contract Clause – Legislative Alteration of Private Pension Agreements, 92 Harvard Law Review 86, 97-98 (1978).

Of course we all know what 'scrutiny' is a code word for... except when it's not.

Bloody shirt indeed... that young fool.

Heh...of course the really heinous thing about him is that the man simply loathes toads.

Can't have that.

CWCID to Blogometer for the Clerks links

Posted by Cassandra at July 20, 2005 10:29 AM

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Seems to me I recall debating the judiciary's role in reviewing economic regulation that had no purpose (as admitted by the state) other than favoritism. And the conservatives here were just fine with that. What will you do with this Exile movement when position on this prevails?

Ha ha ha ha hah!

Posted by: KJ at July 20, 2005 12:04 PM

Oooooh....double reverse cross-blog snark and baiting. Very nice.

Counselor, you will pay :) I'm debating a suitable revenge as I type.

Posted by: Cassandra at July 20, 2005 12:15 PM

I knew you would be right on top of this Cassandra ; did anyone else see Chuck Schumer on the news talking about this nomination? Of course I refer to the nomination as the Dred Judge Roberts! I can't find the text on the web, but when I saw him on CNN (unfortunately the only news channel other then BBC I have available in Mordor) he made a long comment about the nomination that included saying that Robert’s would be ‘writing law’ … If he were a liberal nominee maybe, but I think Chuck should ask to browse Sen KKK Byrd’s copy of the Constitution because unless I’m mistaken the Supreme Court interprets law, the legislative branch writes it.

Other thoughts:

Schumer Seeks Careful Check Of Supreme Court Nominee

Roberts Chosen To Replace O'Connor


"There is no question that Judge Roberts has outstanding legal credentials and an appropriate legal temperament and demeanor, but his actual judicial record is limited to only two years on the D.C. Circuit Court. For the rest of his career, he has been arguing cases as an able lawyer for others, leaving many of his personal views unknown."

Frodo – Giving it away early isn’t he? It’s not about qualifications but rather on whether he agrees with Chuck Schumer that matters.

BREAKING NEWS! Durbin Throws Down the Gauntlet on Roberts, terms nominee "controversial"


Illinois' senior Senator Dick Durbin (D-IL), the Assistant Democrat Leader in the U.S. Senate, has wasted little time in launching against Judge John Roberts, President Bush's choice for the Supreme Court slot being vacated by retiring Justice Sandra Day O'Connor.

Frodo – Hmmmm, I think I like Roberts, DICK seems to think he’s a Nazi just like me!!!!

‘Durbin has previously declared that any nominee that did not respect the Court's 1965 decision in Griswold v. Connecticut that created a person's right to privacy (the precursor to the Roe v. Wade decision) should be filibustered.’

Frodo – So in effect, no conservative justices allowed.

Posted by: Frodo at July 20, 2005 01:44 PM

Ha! That's why I've started a pre-emptive mocking campaign.

Posted by: Bush Ate My Soul... at July 20, 2005 01:52 PM

Isn't it funny how the Left is using the "this is important b/c he'll be writing law" mantra to define justices whose philosphy is just the opposite. That should be the Right's battle cry, but the Left has projected it's own vice onto the enemy.

Hey, that was pretty insightful (*laughter*). Someone do a post for me at the Cheese saying that. I'm too busy.

Posted by: KJ at July 20, 2005 03:08 PM

Sure KJ - just give me guest-posting privileges and I'll carpet-bomb the Cheese... heh.

Posted by: Endangered West End Corked Bat at July 20, 2005 04:53 PM

I *so* do not want to be around when KJ has to clean up all that guano.

Posted by: Masked Menace© at July 20, 2005 04:57 PM

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