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Roberts commentary

Among the many commentaries about Judge Roberts' nomination to the Supreme Court, I wanted to alert our readers to two. First, I have a column in today's Newsday, "Supreme Court's new glue?" I argue that the modern confirmation process unfortunately makes it difficult for a president to nominate jurists with a long paper trail -- like some of our favorites, Edith Jones, Frank Easterbrook, Mike McConnell, and Janice Rogers Brown -- but that given what we know, Roberts is unlikely to be "another Souter." Specifically, I focus on Roberts' background representing businesses, which we've touched on some here. And I note that his personal disposition could be critical in helping construct Supreme Court majorities, a key attribute of Roberts' mentor the Chief Justice but not a strength of the forceful Scalia and doctrinaire Thomas.

I'd also like to highlight a lengthy column in The Wall Street Journal by our friend Richard Epstein of Chicago. Professor Epstein praises Roberts' nomination and takes Senator Chuck Schumer to task for his ideology-based line of attack. Epstein answers Schumer's question to name three recent Supreme Court decisions that were wrongly decided -- and quite sensibly targets Raich (Commerce Clause--medical marijuana), Kelo (Takings Clause--public use), and McConnell (First Amendment--campaign finance). I heartily agree with Epstein on all counts, and I also agree with his insistence that nominated jurists shouldn't have to answer the question Schumer poses.



Rafael Mangual
Project Manager,
Legal Policy

Katherine Lazarski
Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.