Kristol on Roberts

The Weekly Standard has been very supportive of the President, yet unafraid to attack (well, nooge) him from the right.

While Fred Barnes and William Kristol were both hoping for a fierce conservative in the Scalia-Thomas-Bork mold, today's editorial by Kristol makes a good point. It Takes an Establishment. He points out that radicals are needed for change yet establishments are required to govern.

Kristol thinks Bush is pursuing a long-term vision of the court with the Roberts nomination as an establishmentarian.

Roberts is no Bork, no Scalia, and no Thomas. He's probably more like the man for whom he clerked, Chief Justice Rehnquist--or the man Rehnquist replaced, John Marshall Harlan. A court with, so to speak, five Scalias would be fun. But it won't happen. A court with a majority made up of some Scalia-Thomas types and some Rehnquist-Harlan types is possible. Indeed, with his choice of John Roberts, President Bush has begun to create such a court, one heading towards a constitutionalist majority.

The piece ends with some kind words from a liberal lawyer who mentored under Roberts at a law firm.

"So I have nothing but a profound sense of respect for John Roberts: for his integrity, his intelligence, his humility, and his genuine human decency.

"All of that said, my best guess is that he would be a very conservative justice. And because he is so gifted and so decent a human being, he might become incredibly influential on the Court, moving it in ways that justices like Scalia and Thomas have been incapable. In short, he could ultimately be a progressive's worst case scenario."

Man when he says it like that...

Also, consider this bit of wisdom:

Let's not lose sight of this, either: Merit is a conservative principle. Selecting a first-class nominee, and refusing to bend to political expediency, is a conservative act. In this respect, the nomination of Roberts sends a signal that Bush understands the Court matters, and that on things that matter, he will rise to the occasion and scorn identity politics.

Color jk still cautiously optimistic...

SCOTUS Posted by jk at July 22, 2005 11:30 AM