Home
In this issue
February 13, 2012
Binyamin Rose: Back to the Bunker: How a life-risking act by a Christian family during the Holocaust saved a family and built a thriving community a world away
Danielle Kurtzleben: The Peace Process is over. Finally
Susan Johnston: The Myth of Economic Inequality
Menachem Wecker: Business Schools Teach Real Estate Despite Troubled Housing Market
The Kosher Gourmet by Diane Rossen Worthington: Farro Salad: An ancient grain is now new again as the base of a tasty tangle of flavorsome vegetables, chickpeas and salami
February 10, 2012
Rabbi Nathan Lopes Cardozo: The biblical case against small-mindedness involved diminishing His precious prophet
Caroline B. Glick: The Peace Process is over. Finally
Lisa M. Krieger: Man with defibrillator demands access to his own heart's information
David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
Rachel Koning Beals: Gen X Women Continue to Shrink Gender Investing Gap
The Kosher Gourmet by Faith Durand: Who Says You Can't Make Restaurant Favorites at Home?: MANGO AND STICKY RICE
February 9, 2012
Jeff Strickler: An argument a day keeps the divorce away, they say
Clifford D. May: CAIR's Crusade against The Third Jihad
Melissa Healy: Study finds jolt to the brain boosts memory
Laura McMullen: 10 Least Expensive Public Schools for Out-of-State Students
Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
Emily Brandon: 10 Necessities for a Great Retirement Spot
The Kosher Gourmet by Diane Rossen Worthington: Winter Squash and Red Swiss Chard Risotto is Colorful Cozy Cold Weather Fare (includes detailed dos and don'ts)
February 8, 2012
Rivy Poupko Kletenik: Tree hostility: The auspicious history of the evolution of Tu B'Shevat
Steven Emerson: Planting Trees is Racist?!
Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups
Anne Applebaum: Russia's Potemkin democracy
Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
Emily Brandon: 10 Necessities for a Great Retirement Spot
The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets)
February 7, 2012
Kathleen Hennessey and Christi Parsons: Obama not worried that birth-control move will hurt his re-election chances with Catholics, other faithful
Caroline B. Glick: Obama's rhetorical storm
Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one
Suzanne Bohan: Leaping lizards! Tiny reptiles advancing robot design
David Francis: How to Avoid an IRS Audit
The Kosher Gourmet by Emma Christensen: These homemade energy bars (3 recipes) are far better workout fuel than commercial ones, packing power and taste
February 6, 2012
Scott Peterson: Iran's top ayatollah: We're trumping the West
Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It
Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Philip Moeller: Where Smart Investors Put Their Money
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
The Kosher Gourmet by Joseph Erdos: Vegetable Frittata --- leftovers never tasted so scrumptious
February 3, 2012
Rabbi Dr. Warren Goldstein: Living with ideals --- in reality
Caroline B. Glick: Fool me twice
Jonathan Tobin : Adelsonphobia Strikes in Nevada Caucus
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Kimberly Palmer : 8 Ways to Get Ready for Retirement Now
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
The Kosher Gourmet by Faith Durand: A quick cookie recipe: Hazelnut and Olive Oil Shortbread: Sweet, Nutty, and Savory
February 2, 2012
Rabbi Yaakov Rosenblatt : Welcome Home, Governor Perry
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Kelsey Sheehy : 5 Tips for Choosing an M.B.A. Concentration
Rachel Koning Beals : Investors Increasingly Tap Social Media for Stock Tips
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
The Kosher Gourmet by Leela Cyd Ross : Savory vegetable pie is a taste of European bistro with minimal effort and maximal flavor
February 1, 2012
Nara Schoenberg: What to do when you've been dissed
Michelle Malkin: First, They Came for the Catholics
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Lisa M. Krieger: Possible breakthrough in preventing Alzheimer's
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
Susan Johnston: 5 Apps for Organizing Your Expenses at Tax Time
The Kosher Gourmet by Mario Batali: The famed chef's Broccoli and White Bean Soup can easily be a lunch in itself, or a nice antipasto --- and is hard to mess up
January 31, 2012
Paul Greenberg: Separation of Church and State works two ways
Caroline B. Glick: Hamas and the Washington establishment
Frank J. Gaffney Jr.: Uncle Sam is joining in efforts to crack down on Islamists' critics
Danielle Kurtzleben: The 10 Worst Cities for Finding a Job
Laura McMullen: 3 Tips to Overcome a Bad Grade in College
The Kosher Gourmet by Faith Durand: Orzo dish mixes plump, chewy grains with caramelized onions, garlic, mushrooms and sweet potato
January 30, 2012
Rabbi Avi Shafran: Blind faith and physics
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
Menachem Wecker: 3 Do's and Don'ts for Healthy Studying in College
The Kosher Gourmet by Diane Rossen Worthington: Butternut Squash Gratin with Tomato Fondue is a combination of the sweet and creamy
January 27, 2012
Rabbi Berel Wein: What Pharaoh can teach us sophisticates about being stubborn
Caroline B. Glick: Obama: Of course I intend to prevent a nuclear holocaust . . . in a few months
Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
The Kosher Gourmet by Emma Christensen: Barigoule is a light and tangy dish of artichoke hearts stewed in white wine
January 26, 2012
Jonathan Tobin: Newt the closet anti-Semite?
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Martin Peretz: One Year Later: The Failure of the Arab Spring
Rachel Koning Beals: Need to Know info before investing in Muni Bonds this year
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
The Kosher Gourmet by Leela Cyd Ross: Curried Coconut Carrot Soup. Need we say more?
January 25, 2012
Andrew Silow-Carroll: Speak politics the Jewish way!
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
Menachem Wecker: Adding an extra 'm' -- marriage -- to that M.B.A.
Melissa Healy: Harnessing shrooms' magic
The Kosher Gourmet by Hilary Meyer: 3 Secrets Leave All of the Comfort in this 'Comfort Food', but few of the Calories
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Jada A. Graves: 6 Careers to Watch in 2012
Jason Koebler: Who Should Have Access to Student Records?
Erika Bolstad: Black conservatives gather to talk about gaining strength
The Kosher Gourmet by Diane Rossen Worthington: This luscious fruit bread marries toasted pecans with juicy pears. Perfect with a pot of tea
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Stephanie Hanes: Toddlers to tweens: Relearning how to play
Jack Kelly : Still ignoring history
Rachel Koning Beals: Awkward Questions You Must Ask Your Financial Adviser
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
The Kosher Gourmet by Emma Christensen: Spanakopita is a golden pie that manages to be healthy yet still taste indulgent
January 19, 2012
Clifford D. May: How terrorists lose their stigma
Suzanne Bohan: Vanquishing social anxieties without drugs
Lisa Fernandez and Sean Webby: In alternative lifestyle, domestic violence means men as victims and women being abusers
Danielle Kurtzleben: The 10 Best Cities for Finding a Job
The Kosher Gourmet by Diane Rossen Worthington: Three bean soup with gremolata
January 18, 2012
Edward I. Koch: Why the Crocodile Tears, Hillary?
David G. Savage: Supreme Court to Principals: You have been warned
George Friedman of Stratfor: Iran, the U.S. and the Strait of Hormuz Crisis
Jason Koebler: 'Holy Grail' of Flu Vaccines by Next Year
Alex M. Parker: The Off-the-Radar Congressional Targets of 2012
The Kosher Gourmet by Susan Russo: Got soft apples? Make Apple-Maple Walnut Breakfast Quinoa
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
Sharon Palmer, R.D.: Believe it or not, your cuppa joe offers potential health perks
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
The Kosher Gourmet by Emma Christensen: Eleventh-Hour Freezer Pasta, Made Interesting: Ravioli with romesco sauce; Tortellini salad with apples and walnuts
January 13, 2012
Chief Rabbi Dr. Warren Goldstein: Expansion Of Spirit (PROFOUND yet UPLIFTING)
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Rachel Koning Beals:Top Complaints About Daily Deal Sites --- how to avoid missteps
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
The Kosher Gourmet by Diane Rossen Worthington: Braised Oxtail Stew with Olives
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
Ken Dilanian and David S. Cloud: In secret study, CIA and 15 other U.S. intelligence agencies warn Obama against leaving Afghanistan too soon
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
Menachem Wecker : 4 Technology Must Haves for Online Students
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
Rachel Koning Beals: Should You Invest in Bond Funds or Individual Issues?
The Kosher Gourmet by Faith Durand : Colorful Lentil Salad with Walnuts and Herbs
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
Paul Bedard: Study: Is Fox Too Balanced?
Rachel Koning Beals: Is it Time to Move into Homebuilder Stocks?
The Kosher Gourmet by Carolyn Malcoun: Brothy Chinese Noodles

Half the Sodium (and More Than Twice the Fiber!)

January 9, 2012
Caroline B. Glick: The land-for-peace hoax (MUST-READ/FORWARD/SHARE)
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
Bonnie Miller Rubin: The new college-admission essay: Short and tweet(ish)
Rachel Koning Beals: Why Mid-Caps Stand Out in This Slow-Growth Stretch
The Kosher Gourmet by Diane Rossen Worthington: Cumin seed roasted cauliflower with salted yogurt, mint and pomegranate seeds
January 6, 2012
Jonathan Rosenblum: Greatness --- and those who sully it
Clifford D. May: The Historian, the Diplomat, and the Spy
Paul Bedard: Study: Obama Is Late Night's Biggest Joke
Rachel Koning Beals: An Investing Guide to Closed-End Funds
The Kosher Gourmet by Faith Durand: Slow Cooker Peppered Beef Shank in Red Wine

Jewish World Review Sept. 15, 2005 / 11 Elul, 5765

Roberts the Elder: John Roberts has an understated personality, but his record will be all torpedo

By Jonathan Turley

Turley
Printer Friendly Version
Email this article

http://www.JewishWorldReview.com | As John Roberts sits down before the Senate Judiciary Committee this week, its members will be searching to better understand the man who would become the 17th chief justice of the United States. If history is any guide, they will learn little about who John Roberts is and even less about who John Roberts will become. The problem with confirmation hearings is that, even with a forthcoming nominee, they offer only a snapshot of a jurist before he or she enters the rarified and mind-altering world of the country's highest court.

Senators have learned that a strange metamorphosis can occur in the walk over the east Capitol lawn to the Supreme Court building. In that short expanse, reliable conservatives have been known to transform into raging liberals, and vice versa.

Senators will, therefore, struggle with the need to know the unknowable: To paraphrase the Beatles, "Will you still need me, will you still please me, when you are 64?"

Only 50, Roberts will be assuming the position of Chief Justice as a relative puppy among his older colleagues. As a result, Roberts could be on the court for decades. Oliver Wendell Holmes served until he was 90; current associate justice John Paul Stevens will be 86 in October. Indeed, if Roberts stays on past 84, he could surpass the 34-year tenure of the great John Marshall as chief justice.

Predicting what Roberts will look like as a jurist at 64 or 84 is no easy task. The usual bachelor's method for seeing the future effects of aging-checking out the mother-is hardly available here. Traditional forms of divination are equally unavailing. Oneiromancy (the divination of dreams) requires disclosure of Roberts's dreams, which would immediately be claimed as privileged by the White House counsel's office. Physiognomy (divination by the appearance of the face) would also come up blank. Since he was nominated, Roberts has adopted a perfectly Buddha-like appearance that denies any hint of emotion or recognition. Even goat entrails would trigger widespread protests from animal rights activists before anyone could read them.

This leaves perhaps the most historically unreliable method: predicting the future by studying the mosaic of past statements, opinions, and memoranda from the nominee. Past confirmations offer little assurance that any such prediction would rate above a random selection. History, including recent history, is replete with cases of mistaken identity.

Consider but a few:

Earl Warren: President Dwight D. Eisenhower appointed Warren as a reliable conservative. After all, as the Republican governor of California during World War II, Warren supported the internment of Japanese Americans and maintained a tough- on-crime posture. He went on to lead perhaps the most liberal court in the history of the country.

William J. Brennan: Eisenhower appointed Brennan as a conservative Democrat. After all, Brennan had worked as a lawyer at the Pentagon, lobbied as a lawyer against pro-labor laws and regulations, and been put on the New Jersey Supreme Court by a fellow Republican. He became arguably the most liberal justice of the 20th century-and the second of what Eisenhower called his two biggest mistakes as president, Warren being the other.

Byron White: President John F. Kennedy had only one nomination during his presidency, and he picked his brother Robert Kennedy's trusted deputy attorney general, Byron White. White turned out conservative on most issues, dissenting in Roe v. Wade and upholding anti-sodomy statutes directed at homosexuals.

Harry Blackmun: President Richard Nixon thought he had appointed a tough conservative from Minnesota in Harry Blackmun, as did most commentators. Indeed, Blackmun was called one-half of the Minnesota Twins with conservative chief justice Warren Burger. He went on to write Roe v. Wade and to join the left wing of the Court.

John Paul Stevens: President Ford looked to Court of Appeals judge John Paul Stevens to move the Court to the right. After all, Stevens was viewed as at least a moderate conservative and his opinions seemed to confirm that view. But after his more famous colleagues Brennan, Marshall, and Blackmun left the bench, Stevens would become the patriarch of the Court's left wing.

Sandra Day O'Connor: President Ronald Reagan wanted two things in a nominee: a reliable conservative and a woman. His aides identified a little-known former state legislator from Arizona, Sandra Day O'Connor, as just the ticket. She became a continual thorn in the side of conservatives, the swing vote that repeatedly blocked her more conservative colleagues in areas like abortion and affirmative action.

David Souter: When it came time for the first George Bush to nominate a justice, his chief of staff, John Sununu, said he had hit a "home run" for conservatives in a little-known New Hampshire jurist named David Souter. It turned out to be a foul ball for the right as Souter quickly assumed a position on the Court's left wing.


When White House lawyers tell scary stories to their children at night, these are the dark characters that fuel the horror. Indeed, these experiences are so raw and so recent that it is ludicrous to suggest the White House is taking another blind leap of faith with John Roberts. To the contrary, Roberts is only unknown by design.

Most of the cases of mistaken identity above have a fairly common denominator: The nominee did not have a well- articulated judicial philosophy before joining the bench. Notably, justices like Blackmun, Brennan, White, Stevens, and O'Connor moved only gradually to the opposite wing of the Court, as they developed their own approaches to the law. Indeed, Sandra Day O'Connor never truly found a consistent philosophy and remained a legislator at heart, dictating the outcome of cases without much concern for either consistency or principle.

Roberts is no Sandra Day O'Connor — and that is to his credit. Like many young lawyers in the Reagan years, he entered the law with a clear conservative mission. He cut his teeth as a clerk for William Rehnquist and then as a government attorney in the Reagan administration. He has held consistent and profoundly conservative views for decades. In this sense, he is more like his mentor Rehnquist as well as Antonin Scalia and Ruth Bader Ginsburg. They all came to the Court after years of advocacy marked by well-articulated legal views. Roberts is likely to change the Court, but the Court is unlikely to change Roberts.

Reporters and commentators have been poring over 50,000 pages of documents from Roberts's career-seeking to find the true John Roberts. In the meantime, the White House has organized a phalanx of conservative lawyers to pounce on anyone who suggests they've found evidence of his actual views. This version of Where's Waldo? has been the rage in Washington. Whenever an extreme statement is found, like Roberts dismissing the "so-called right to privacy," these advocates insist that Roberts was merely representing a client or voicing the view of the administration. Indeed, some designated hitters make revealingly premature efforts to squelch certain touchy subjects. For example, after I wrote a column about Roberts's known views in various areas, Professor Ron Rotunda published a scathing letter denouncing me for stating that "Roberts must be against equal rights for women." The only problem is that my column never referred to equal rights for women. It was like a driver spontaneously denying a murder when a cop pulls him over for speeding.

The hair-trigger responses from people like Rotunda reflect a desire to keep Roberts an anonymous nominee. Rather than declare what Roberts believes, the White House simply denies that any given statement is proof of his views. So long as Roberts does not answer questions, the Republican majority will carry him to the Court. When he was nominated, Roberts was virtually shown the chalk outline of the body of Robert Bork on Capitol Hill for an example of what happens to those who are open with senators about their views.


We do not need, however, to have an unscripted and cathartic moment from Roberts during the hearing to understand his philosophy. Unless Roberts abandons a lifetime of advocacy, his record gives a good basis for predicting his future on the Court. A review of major legal areas shows a jurist who is likely to have few, if any, colleagues to his right on the Court. Indeed, if you shave off Bob Bork's Mephistopheles beard and give him a few Botox injections, you have John Roberts. He is proof that politics remains primarily visual. Roberts is a handsome, perfectly groomed man who looks like he was raised hydroponically by Karl Rove in the White House basement.

Roberts, I believe, is superbly qualified to be chief justice. I do not want to see him "borked," and indeed favor some of the doctrinal changes that he may bring. However, I also believe that the attempt to field an anonymous nominee is bad for the system and reduces confirmation to a pretense of process. After decades of 5-4 decisions, a breathtaking number of doctrines hang by a single vote. Roberts should be confirmed in an open and deliberative process, not some version of constitutional three-card monte.

I happen to like much about Roberts and, when I imagine the future, I expect to like him even more in the role of chief justice.

Roberts the Elder could well become a lasting icon for the Court, much respected by his colleagues and the public for his demeanor and style. Where Rehnquist could be slightly prickly in public, Roberts is engaging and open. He lacks the pomposity of Warren Burger and yet holds an obvious and deep affection for the Court as an institution.

The elder John Roberts — say, in 25 years — should be much like the younger John Roberts today, just as Rehnquist, Scalia, and Ginsburg remained largely unchanged with time. He is unlikely to transform as did O'Connor or Blackmun.

As for his voting record, I doubt it will be as understated as his personality. He will be Bill Rehnquist with the stable conservative majority that Rehnquist always wanted but failed to achieve. In this sense, I expect liberals will come to loathe Roberts for his views while liking him for his personality. Roberts should be able to finish the revolutions started by Rehnquist and bring the Court back to a more narrow view of the Constitution and the role of the federal government. For example, on abortion, Roberts will vote to narrow Roe v. Wade and might even vote to overturn the decision entirely. The only reason he would not vote to upend Roe would be out of a sense of judicial restraint, and only after the doctrine had been pruned to its barest essentials. This is precisely what Rehnquist did with Miranda: By the time Rehnquist preserved Miranda as a constitutional rule he had created so many exceptions that it was a mere shadow of its former self.

If Roberts is true to his past, Roe might not be around when he turns 64. During the Reagan administration, Roberts argued for the appointment of pro-life judges and supported a memorial service for aborted fetuses as "an entirely appropriate means of calling attention to the abortion tragedy." He has referred to Roe as "wrongly decided" and based on "the so-called right to privacy."

Roberts the Elder will likely be known as the chief justice who curtailed affirmative action and narrowed the scope of anti-discrimination laws. He has repeatedly and consistently railed against racial and gender preferences. As an attorney, Roberts co-authored briefs against court desegregation plans and opposed set-aside programs for minority contractors. In 1995 he said, "You don't overcome racism by engaging in it yourself." He has also criticized efforts to require "comparable worth" wages for women as a "radical redistributive concept." He criticized congressional women seeking such language as adopting a view of "From each according to his ability, to each according to her gender." Roberts also made controversial statements in 1985 (which he is likely to retract in his hearings) that "some might question whether encouraging homemakers to become lawyers contributes to the common good, but I suppose that is for the judges to decide."

He is also likely to be known as a chief who held the line on citizen and prisoner lawsuits. In 1981, he advocated greater challenges on standing to keep some groups out of court and more recently praised opinions that barred environmentalists from suing to protect animals outside of the country. The true Roberts was probably captured in a 1993 law review article when he denounced past public interest litigation as demanding judicial review "at the behest of any John Q. Public who happens to be interested."

And Roberts the Elder will likely maintain, if not expand, the federalism revolution led by Rehnquist, striking down any statutes that encroach on states' rights or usurp state authority. This is likely to include a fairly harsh record on environmental statutes. His past litigation, writings, and opinions reveal a fairly antagonistic view of environmental interests, including a strident dissent in an Endangered Species Act case that questioned the very application of such environmental laws to the states.

Finally, in 25 years, the Roberts Court is likely to refashion the meaning of the religion clauses in favor of a greater accommodation of religion. On issues like school prayer and the Ten Commandments, Roberts may have the voting bloc to rewrite and clarify the rules for the separation of church and state. Indeed, Roberts has described the courts as hostile to religion in school cases and has stated that the position of the courts that the Constitution prohibits a moment of silence "or even silent prayer" is "indefensible."

Roberts wasn't nominated to be passive or deferential. Since his earliest years as a clerk, he was almost engineered for this moment. Once O'Connor has been replaced by a reliable conservative, Roberts could become a live torpedo in a harbor crowded with 5-4 doctrines — the result of decades of stagnant division that may now be coming to an end. Anywhere Roberts turns as chief justice, he will find cases that can now be reshaped in a more conservative image. Even with a respect for precedent, Roberts was not trained, groomed, and nominated to let this moment pass.

Of course, the fun thing about predicting how things will be in 25 years is that few people will remember to look me up when Roberts receives the ACLU award for lifetime achievement. What should be clear is that the senators have about as much chance of uncovering the true John Roberts as they do of digging up the true Jimmy Hoffa. Short of Congress passing out totem animals and divining rods, John Roberts will be confirmed as a jurist known only to G-d and the White House counsel.

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.

JWR contributor Jonathan Turley is a law professor at George Washington University. Click here to visit his website. Comment by clicking here.

ARCHIVES

© 2005, Jonathan Turley

Insight (Our Columnists)

 Arnold Ahlert
 Mitch Albom
 Jay Ambrose
 Michael Barone
 Barrywood
 Tony Blankley
 Lori Borgman
 Stratfor Briefing
 Mona Charen
 Linda Chavez
 Richard Z. Chesnoff
 Ann Coulter
 Greg Crosby
 Alan Douglas
 Larry Elder
 Suzanne Fields
 Frank J. Gaffney
 Bernie Goldberg
 Jonah Goldberg
 Julia Gorin
 Jonathan Gurwitz
 Paul Greenberg
 Argus Hamilton
 Victor Davis Hanson
 Betsy Hart
 Ron Hart
 Nat Hentoff
 Marybeth Hicks
 David Horowitz
 Jeff Jacoby
 Renee James
 Paul Johnson
 Jack Kelly
 Ed Koch
 Ch. Krauthammer
 Michael Ledeen
 John Leo
 David Limbaugh
 Kathryn Lopez
 Rich Lowry
 Michelle Malkin
 Jackie Mason
 Ann McFeatters
 Dale McFeatters
 Dana Milbank
 Jeanne Moos
 Dick Morris
 Jim Mullen
 Deroy Murdock
 Judge A. Napolitano
 Bill O'Reilly
 Kathleen Parker
 Star Parker
 Dennis Prager
 Wesley Pruden
 Tom Purcell
 Sharon Randall
 Robert Robb
 Cokie & Steve Roberts
 Heather Robinson
 Pat Sajak
 Debra J. Saunders
 Martin Schram
 Culture Shlock
 David Shribman
 Roger Simon
 Michael Smerconish
 Thomas Sowell
 Ben Stein
 Mark Steyn
 John Stossel
 Cal Thomas
 Dan Thomasson
 Bob Tyrrell
 Ben Wattenberg
 Diana West
 Dave Weinbaum
 George Will
 Walter Williams
 Byron York
 ZeitGeist
 Mort Zuckerman

'Toons
 Robert Arial
 Chuck Asay
 Baloo
 Chip Bok
 Dry Bones
  Lisa Benson
 John Branch
 John Cole
 J. D. Crowe
 John Deering
 Brian Duffy
 Everything's Relative
 Mallard Fillmore
 Glenn Foden
 Jake Fuller
 Bob Gorrel
 Joe Heller
 David Hitch
 Jerry Holbert
 Lee Judge
 Steve Kelley
 Jeff Koterba
 Dick Locher
 Jimmy Margulies
 Rick McKee
 Michael Ramirez
 Kevin Siers
 Jeff Stahler
 Ed Stein
 Danna Summers
 John Trever
 Gary Varvel
 Kirk Walters

Lifestyles
 Mr. Know-It-All
 Dr. Peter Gott
 GET A JOB! by Marty Nemko
 Richard Lederer
 Frugal Living
 Tech Maven
 On Nutrition
 Bookmark These
 Bruce Williams