July 21, 2005

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.