Home
In this issue
December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review July 25, 2005 / 18 Tammuz, 5765

Flailing and flummoxed on Roberts

By Rich Lowry


Printer Friendly Version
Email this article

http://www.JewishWorldReview.com | How do you define "flummoxed"? That would be Sen. Chuck Schumer. Or "flailing"? That would be Sen. Ted Kennedy. Or "desperate"? That would be the array of left-wing activist groups from People For the American Way to MoveOn.org. This cadre of desperately flailing flummoxed anti-Bushies has been brought to their state of extreme futility by the nomination to the Supreme Court of John Roberts, the un-Borkable.

Borking was pioneered by Kennedy, of course, when Judge Robert Bork was nominated to the court by President Reagan in 1987. It is a practice that involves destroying conservative nominees in all-out smear-fests. Eighteen years later, the right has a two-step counter-strategy. First, find a nominee who has spent his career avoiding provocations that would give would-be Borkers traction.

Then, unveil his nomination in a carefully prepared rollout with gorgeous visuals and rigorously on-message advocates.

President Bush opponents have been picking at Roberts' record, compiled as a deputy solicitor general in the first Bush administration, as a private advocate and as a judge on the D.C. Circuit Court of Appeals since 2003. They are finding little that is usefully distortable.

One focus is his dissent in a 2003 case involving the Endangered Species Act. He thought a three-judge panel of the D.C. court erred in upholding the constitutionality of the law under the Commerce Clause. Putting aside the details of the arroyo southwestern toad involved in the case, Roberts thought the panel's decision ignored recent federalism-friendly Supreme Court decisions in Lopez and Morrison that limited the reach of the Commerce Clause. Those decisions had been joined by Sandra Day O'Connor. Remember her? She's the retiring justice who has been universally praised by Democrats.

Even Kennedy argued that O'Connor represented "the mainstream of conservative judicial thinking," and said "that is what the American people are expecting" in her replacement. But that was all of three weeks ago. Now, Kennedy regards Roberts' agreement with O'Connor on the Commerce Clause with horror. He "can imagine few things worse for our seniors, for the disabled, for workers and for families."

Critics have also targeted Roberts' briefs in abortion-related cases from his time in the first Bush administration. One brief, in the case of Rust v. Sullivan, repeated pro-forma language about Roe v. Wade being wrongly decided and defended the constitutionality of the so-called gag rule, which prevented family-planning organizations receiving federal funds from discussing abortion. How radical can this be when the Supreme Court sided with the administration? And when even David Souter, the liberals' ideal of a Republican-nominated "moderate," joined the majority opinion?

Donate to JWR


In another brief, Roberts defended the right of Operation Rescue — the militant anti-abortion group — to picket outside abortion clinics. Pro-choicers implausibly argued that the demonstrators were violating a Reconstruction-era civil-rights law meant to protect blacks from the Ku Klux Klan. The Supreme Court ruled 6-3 in the administration's — and Roberts' — favor. So here is the bottom line on abortion: The Supreme Court, whose current abortion-related jurisprudence is considered nearly sacrosanct by the left, agreed with Roberts in two cases in which he signed briefs during the first Bush administration (when it was his job, of course, to argue whatever the administration told him to argue).

None of this is going to get Roberts' critics very far. They are reduced to resorting to the french fry case. Washington, D.C., had a policy of taking into custody minors who committed offenses in its Metrorail stations. A 12-year-old girl was nabbed eating a french fry and duly arrested. Roberts upheld the constitutionality of the policy, not because he liked it, but because it wasn't unconstitutional: "The question before us ... is not whether these policies were a bad idea, but whether they violated the Fourth and Fifth Amendments to the Constitution." It was a unanimous decision.

John Roberts will almost certainly pull the Supreme Court to the right. But there is nothing that Democrats and outside groups will be able to do to stop it, because Borking has met its match.

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

Comment by clicking here.

Rich Lowry Archives

© 2005 King Features Syndicate

Columnists

Toons

Lifestyles