Bush's Supreme Court choice is conservative—but not too conservative

President George W. Bush tilted young and conservative with Judge John G. Roberts, using his first opportunity to fill a Supreme Court vacancy with a 50-year-old jurist who could leave an indelible right-leaning imprint on the nation's judiciary.

With Republicans controlling the White House and the Senate, the president sought to reward his conservative supporters with a Supreme Court nominee positioned to the right of the political center. The only question is, How far to the right could he go? The answer, it appears, is far enough to please his hard-line conservative base, but not much further.

Gay rights groups are wary of Roberts.

"While we are continuing our review of Judge Roberts, we already know that we have reasons for serious concern," said Kevin Cathcart, executive director of Lambda Legal. "There are a number of issues that are important in determining whether a nominee will respect the rights of all Americans. Judge Roberts's track record on reproductive freedom, privacy, and federalism (respect for Congress's power to enact important statutes like civil rights laws) merits particular scrutiny."

Added Matt Foreman, executive director of the National Gay and Lesbian Task Force: "We especially call upon our allies in the Senate to determine whether Judge Roberts subscribes to the holdings of Romer v. Evans and Lawrence v. Texas, among other cases, and will affirm that the civil rights and privacy rights of lesbian, gay, bisexual, and transgender Americans are protected by the Constitution."

Democrats acknowledged privately that Roberts's thin record does not lend itself easily to attack, though they are troubled particularly about his views on abortion. There will be a fight, they predicted, but it will probably not be epic. Senate minority leader Harry Reid, a Democrat of Nevada, did not sound like a man throwing down the gauntlet when he said, "The president has chosen someone with suitable legal credentials, but that is not the end of our inquiry."

Even the criticism of special interest groups sounded halfhearted. "John Roberts's record raises serious concerns as well as questions about where he stands on crucial legal and constitutional issues," said Ralph Neas, president of the liberal People for the American Way. He expressed disappointment in the pick but did not call on Democrats to defeat it.

Roberts would replace Justice Sandra Day O'Connor, an appointee of former president Ronald Reagan who often provided the deciding vote in split decisions. Conservative leaders who helped elect Bush made it clear this was payback time: They wanted a nominee with a long and clear record of social conservatism who could tip the court to the right on abortion, gay rights, prayer in schools, and other hot-button issues.

They got what they wanted—to a point.

Conservative leaders said they would have been happier with Bush's short-list candidates who have longer and clearer records of conservatism, such as Judge J. Michael Luttig of the fourth U.S. court of appeals in Richmond, Va., and Judge Janice Rogers Brown of the U.S. appeals court in Washington. But they felt they had narrowly avoided disaster after rumors spread through Washington that Bush had selected Judge Edith Clement, a federal appeals court judge who is considered more moderate than Roberts.

On the other side of the partisan divide, Democrats were braced to fight tooth and nail against Luttig or Brown. The party's private research memo on Clement grudgingly acknowledged that "it is difficult to discern a strict hard-right ideology" in her.

Abortion rights groups have maintained that Roberts tried during his days as a lawyer in the first Bush administration to overturn Roe v. Wade. Pressed in 2003 for his personal views on the matter, Roberts said the landmark court decision legalizing abortion "is the settled law of the land." At age 50, he could reshape the court for a generation or more.

There are four death penalty cases for the fall term, and O'Connor was often the key swing vote in such decisions. On abortion, she has been the deciding vote in striking down laws that don't have an exception for a woman's health. (Advocate.com, Ron Fournier, AP)

Reader Comments

These comments are reproduced as written by visitors to this Web site. They have not been edited for content, grammar, or spelling. The viewpoints appearing here are those of the writer, and do not necessarily reflect the opinion or views of advocate.com, The Advocate, or its affiliates.

Be the first to comment on this story.

If you would like to submit a comment for posting, please fill out the form above.

All comments submitted via this form are subject to posting or publication. (To send a private letter to an Advocate editor or writer, please use the e-mail button at the top of the page, or use snail mail.) If you would like your comment considered for publication in The Advocate magazine, please include your full name, your city of residence, and a phone number where you can be reached during business hours so that we can confirm your identity. Your e-mail address and telephone number are strictly confidential and will not be shared or used for any purpose other than to contact you about your comment.

See the Contact page for sending comments for reasons other than responding to Advocate editorial and news stories.

Please note that comments sent by fax or snail mail are unlikely to be posted, although they will be considered for publication along with all letters received via e-mail or via this Web page. Comments that chiefly concern Advocate.com content will be considered for posting only on the Web site. The Advocate reserves the right to edit submitted comments for grammar, spelling, obscenities, or libel; we will, however, do our best to preserve the original comment's style and intent. Comments considered for publication in The Advocate magazine may also be edited for length.

More Exclusives

View From the Hill: The End of DADT?
Defense Secretary Robert Gates revealed that lawyers are exploring ways to ease enforcement of the military's gay ban, but cautioned that the law doesn't leave much wiggle room. He need look no further than DOD history for a lesson in altering the policy.

Hot Sheet: Week of July 5
When you get back from that big 4th of July barbecue, unwind with Sacha Baron Cohen's Bruno and your favorite B-movie-mocking, basic cable robots.

Hungry Like the Wolf
A master of viola, ukulele, piano, and harp, Patrick Wolf is a music prodigy -- one who, the night before this interview, spit on a cop and got himself arrested.

Soapside: Advocate's Guide to Daytime
Forbes March talks about playing gay, Otalia fans outraged, update on One Life to Live’s Patricia Maurceri’s firing over gay plot point, Phillip Chancellor III big reveal, and Erica Kane goes to Africa.

The Faces of Federal Prop. 8
With the federal challenge to Prop. 8 moving full speed ahead, Advocate.com sits down with the two couples named as plaintiffs in the suit.

Mommy, the Gays Are Coming
After a year of advancements and celebration for gay and lesbian Colombians, the community takes to the streets of Bogota for the country's biggest pride ever.

The Pride of Antwerp
Advocate.com hits the gay-friendly streets of Antwerp with openly gay police commissioner Serge Muyters.

Excerpt: Mean Little Deaf Queer
In an excerpt from her humorous and harrowing new memoir, Mean Little Deaf Queer, Terry Galloway recalls her early childhood, describing feelings of ugliness, confusion about gender, and being one of the boys.

Top Political Blogs
From Joe.My.God to The Daily Beast, Advocate.com spotlights a few of the best blogs that cover politics, inside and way outside the Beltway.

The Diva of French Television
A hot young screenwriter who has made gay OK for millions of French viewers, Nicolas Mercier sips champagne, dons a feathered hat, and says he wants to see Colin Farrell and Jude Law go at it.