Judge Roberts' Pro Bono Work for "Gay Activists"

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<!--StartFragment --> Activists react to Roberts's support for gay rights



Immediately following an August 4 Los Angeles Times story in which John Roberts, Bush's pick to fill a vacancy on the U.S. Supreme Court, was revealed to have worked behind the scenes to help overturn an antigay Colorado constitutional amendment in 1996, several gay leaders expressed caution. While working with Washington, D.C., law firm Hogan and Hartson, Roberts did pro bono work for the team of gay activists and attorneys who convinced the U.S. Supreme Court to overturn Amendment 2, a voter-approved law that prohibited any legal protections for gays and lesbians in Colorado.

But just because Roberts was closely involved doesn't mean gays and lesbians should be celebrating. "We're going to continue to call for the release of more information about his record, and we're going to continue to call for vigorous confirmation hearings," Kevin Cathcart, executive director of Lambda Legal, told Advocate.com. "I don't think we have an answer yet as to what John Roberts's constitutional philosophies are."

"Judge Roberts's involvement in [the case, known as Romer v. Evans] is noteworthy, but his participation adds little to our understanding of how he would vote on the court," added Human Rights Campaign president Joe Solmonese. "The stakes are too high for guessing games over Judge Roberts's stance."

Those lobbying for the religious right were quick to express doubts about Roberts, whom they had been touting as a great pick for the Supreme Court job. Mat Staver, president of the antigay conservative legal group Liberty Counsel, told the Baptist Press that Roberts's involvement in the gay rights case is "something to certainly be concerned about. We need more information to find out the facts behind what Judge Roberts did when he was working on the case. But if in fact the story is true, it is clearly concerning because, according to the story, Judge Roberts did not hesitate to get involved to work on this case pro bono.... If in fact he did this, this would be contrary to everything I've read about him thus far. This was a state constitutional amendment passed by the people. For the court to strike that down, I felt, was judicial activism."

Conservative talk show host Sean Hannity said he now has "some" doubts about Roberts. "It's the first sign I've seen where his conservative judicial philosophy...may not be as solid as what I thought," Hannity said on his radio program.

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Romer v. Evans is the posterboy case for those on the Wacko Right who decry judicial activism. The case almost made Scalia's head burst.

Maybe "conservatives" will derail his confirmation. I sense discomfort.
 

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D2bets said:
<!--StartFragment -->Conservative talk show host Sean Hannity said he now has "some" doubts about Roberts. "It's the first sign I've seen where his conservative judicial philosophy...may not be as solid as what I thought," Hannity said on his radio program.

Who gives a flying flip what Sean Hannity thinks or believes?:icon_conf
 

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Sam Odom said:
Who gives a flying flip what Sean Hannity thinks or believes?:icon_conf

I'd say a lot of dittoheads give a flying flip. WHY they would...is a good question.

Nonetheless, I can see how this would scare a lot of righties. That case pissed off the Chrsitian Right at the time probably more than any case had in the last 15 years. And he donated his valuable time to assisting the cause for free.
 

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Sam Odom said:
Who gives a flying flip what Sean Hannity thinks or believes?:icon_conf

good question...maybe someone here could answer that....
 

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People like Sean and Rush are entertainers and they do $well$ at it. It pisses me off when Dem leaders mention their names.
 

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Sam Odom said:
People like Sean and Rush are entertainers and they do $well$ at it. It pisses me off when Dem leaders mention their names.

Yeah, because Republicans never mention Michael Moore or Al Franken.

Anyway, back the topic. Is this going to make conservatives uneasy? I mean, it's not so much that he represented them, what makes it the "worst" is that he did it PRO BONO. It's one thing if they threw a bunch of cash at him. Hey, lawyers gotta make their money. It's just business and it's his job to advocate. But you can choose the cases you take for free. Hard to imagine an experienced litigator would choose to do pro bono work on a politically charged case if he didn't believe in the position he was advocating, FOR FREE. That case and the position that Roberts helped advocate. DEFINES judicial activism for many. This is BIG STORY.

The Drudge Story was bogus and nothing more than an attempt to defer attention from this big development. I wonder if the many on the Right will withdraw support.
 

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D2bets said:
Yeah, because Republicans never mention Michael Moore or Al Franken.

Quite frankly I cannot remember dubya, cheney or the head of RNC mentioning either in 2004 unless asked directly.
 

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Why are you right wingers so silent on this? Your nominee did charity work for aiding gay activists get a judicially activist decision.
 

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<!--StartFragment --> [font=Palatino, Georgia, Times New Roman, Times, serif][size=+2]Read my lips: No new liberals[/size][/font]
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<HR SIZE=1>[size=-1]Posted: August 3, 2005
1:00 a.m. Eastern

[/size][font=Palatino, Book Antiqua, Times New Roman, Georgia, Times][/font]

[font=Palatino, Book Antiqua, Times New Roman, Georgia, Times][font=Palatino, Times New Roman, Georgia, Times, serif]<!-- byline --><!-- end byline -->[size=-1]<!-- copyright -->© 2005 Ann Coulter <!-- end copyright -->[/size][/font][/font]

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[font=Palatino, Book Antiqua, Times New Roman, Georgia, Times]In retrospect, I deeply apologize for all the nasty things I've said about the people responsible for putting David Souter on the Supreme Court. Compared to what we know about John Roberts, Souter was a dream nominee. [/font]

[font=Palatino, Book Antiqua, Times New Roman, Georgia, Times]As New Hampshire attorney general in 1977, Souter opposed the repeal of an 1848 state law that made abortion a crime even though Roe v. Wade had made it irrelevant, predicting that if the law were repealed, New Hampshire "would become the abortion mill of the United States." [/font]

[font=Palatino, Book Antiqua, Times New Roman, Georgia, Times]At this point the only people more opposed to abortion than Souter were still in vitro. [/font]

[font=Palatino, Book Antiqua, Times New Roman, Georgia, Times]He filed a brief arguing that the state should not have to pay for poor women to have abortions – or, as the brief called it, "the killing of unborn children" and the "destruction of fetuses." [/font]

[font=Palatino, Book Antiqua, Times New Roman, Georgia, Times]<SCRIPT type=text/javascript><!--google_ad_client = "pub-9952085791529017";google_ad_width = 300;google_ad_height = 250;google_ad_format = "300x250_as";google_ad_channel ="";google_color_border = "006633";google_color_bg = "CCFF99";google_color_link = "0000CC";google_color_url = "0000CC";google_color_text = "333300";//--></SCRIPT><SCRIPT src="http://pagead2.googlesyndication.com/pagead/show_ads.js" type=text/javascript></SCRIPT><IFRAME name=google_ads_frame marginWidth=0 marginHeight=0 src="http://pagead2.googlesyndication.com/pagead/ads?client=ca-pub-9952085791529017&dt=1123340234609&lmt=1123340234&format=300x250_as&output=html&url=http%3A%2F%2Fwww.wnd.com%2Fnews%2Farticle.asp%3FARTICLE_ID%3D45596&color_bg=CCFF99&color_text=333300&color_link=0000CC&color_url=0000CC&color_border=006633&ref=http%3A%2F%2Fsearch.news.yahoo.com%2Fsearch%2Fnews%2F%3Fp%3Dcoulter%2Broberts%26c%3D&cc=54&u_h=768&u_w=1024&u_ah=734&u_aw=1024&u_cd=32&u_tz=-300&u_his=8&u_java=true&u_nplug=25&u_nmime=84" frameBorder=0 width=300 scrolling=no height=250 allowTransparency>&ltimg&gt</IFRAME>[/font]

[font=Palatino, Book Antiqua, Times New Roman, Georgia, Times]Also as state attorney general, Souter defended the governor's practice of lowering the flag to half-staff on Good Friday, arguing that "lowering of the flag to commemorate the death of Christ no more establishes a religious position on the part of the state or promotes a religion than the lowering of the flag for the death of Hubert Humphrey promotes the cause of the Democratic Party in New Hampshire." [/font]

[font=Palatino, Book Antiqua, Times New Roman, Georgia, Times]Wait, seriously – who is that guy on the Supreme Court and what has he done with the real David Souter? [/font]

[font=Palatino, Book Antiqua, Times New Roman, Georgia, Times]Souter vowed in a newspaper interview to "do everything we can to uphold the law" allowing public school children to recite the Lord's Prayer every day. [/font]

[font=Palatino, Book Antiqua, Times New Roman, Georgia, Times]As a justice on the New Hampshire Supreme Court, Souter dismissively referred to abortion as something "necessarily permitted under Roe v. Wade" – not exactly the "fundamental right" he seems to think it is now. [/font]

[font=Palatino, Book Antiqua, Times New Roman, Georgia, Times]In a private speech – not a brief on behalf of a client – Souter attacked affirmative action, calling it "affirmative discrimination." [/font]

[font=Palatino, Book Antiqua, Times New Roman, Georgia, Times]Souter openly proclaimed his support for the "original intent" in interpreting the Constitution. [/font]

[font=Palatino, Book Antiqua, Times New Roman, Georgia, Times]The fact that Souter decided – like Warren, Brennan, Blackmun, Stevens, O'Connor and Kennedy – that he would prefer to be a Philosopher King rather than a judge once he got on the court doesn't mean you never can tell with any of these guys. It means you have to find judges who wake up every morning: (1) thinking about the right answers to legal questions; and (2) chortling about how much his latest opinion will tick off the left. [/font]

[font=Palatino, Book Antiqua, Times New Roman, Georgia, Times]We had a pretty good idea what kind of justices Antonin Scalia and Clarence Thomas were going to be. Scalia had spoken at the very first symposium of the Federalist Society as a young law professor – before it became a felony to do so – and served as faculty adviser to the group. (By contrast, Roberts is running from the Federalist Society like a 9-year-old boy running from Neverland Ranch.) [/font]

[font=Palatino, Book Antiqua, Times New Roman, Georgia, Times]Before becoming a judge, Thomas had spent 10 years on the editorial advisery board of the Lincoln Review, a black conservative publication that ran articles comparing abortion to murder. He had given a speech praising an article by Lewis Lehrman calling abortion a "holocaust" that should be outlawed without exception. (There were even rumors, never proven, that during his law studies Thomas had actually read the Constitution.) [/font]

[font=Palatino, Book Antiqua, Times New Roman, Georgia, Times]That's the sort of nominee we were hoping for! This wasn't a paper trail; it was more like a paper superhighway. [/font]

[font=Palatino, Book Antiqua, Times New Roman, Georgia, Times]Compare that to the principal evidence cited to prove Roberts' conservative bona fides: As a judge, he upheld the arrest of a girl for eating French fries on a subway even though he disagreed with the policy. Well, there's a hot-button issue! (And if he's so conservative, why didn't he call them "freedom fries"?) [/font]

[font=Palatino, Book Antiqua, Times New Roman, Georgia, Times]Oh yes, and I quote: "He loves his children." [/font]

[font=Palatino, Book Antiqua, Times New Roman, Georgia, Times]I gather that last boast is supposed to be some sort of signal about his position on abortion. (If he were pro-choice, they would have said, "He loves all of his children who survived gestation.") I don't give a rat's behind whether the guy is pro-life, whether his wife is pro-life, whether he used to be pro-life, whether he will become pro-life, etc. That tells us how he would vote as a state legislator. He isn't being nominated for state legislator. [/font]

<!-- Run of site Run of site, 300x250 Rectangle banner () -->[font=Palatino, Book Antiqua, Times New Roman, Georgia, Times]<SCRIPT language=javascript src="http://z1.adserver.com/w/cp.x;rid=14;tid=7;ev=1;dt=1;ac=26;c=327;"></SCRIPT><!-- FASTCLICK.COM 300x250 Medium Rectangle CODE for worldnetdaily.com --><SCRIPT language=javascript src="http://media.fastclick.net/w/get.media?sid=14790&m=6&tp=8&d=j&t=n"></SCRIPT><NOSCRIPT> </NOSCRIPT><!-- FASTCLICK.COM 300x250 Medium Rectangle CODE for worldnetdaily.com --><SCRIPT language=JavaScript src="http://dist.belnk.com/4/placement/1792/?h=http://media.fastclick.net/w/click.here?cid=32731;mid=70763;sid=14790;m=6;c=0;forced_click="></SCRIPT> <NOSCRIPT><ahref="http://z1.adserver.com/w/cp.x;rid=14;tid=7;ev=2;dt=3;ac=26;c=327;"target="_blank">
cp.x;rid=14;tid=7;ev=1;dt=3;ac=26;c=327;
</a></NOSCRIPT> <!-- Run of site Run of site, 300x250 Rectangle banner () -->[/font]

[font=Palatino, Book Antiqua, Times New Roman, Georgia, Times]The relevant question for a prospective justice, and it can be asked properly either by a president or a senator, is: "What, in your view, is the legal force of a Supreme Court opinion?" If Roberts believes that Supreme Court opinions are law of some kind, all is lost. [/font]

[font=Palatino, Book Antiqua, Times New Roman, Georgia, Times]Now comes the news that Roberts says he respects "precedent" – which is another way of saying: We can count on Roberts to uphold the court's previous unconstitutional findings. [/font]

[font=Palatino, Book Antiqua, Times New Roman, Georgia, Times]It doesn't help to have someone who thinks that, as an original matter, the Constitution says nothing about state abortion laws if he is then going to "balance" the law against "the integrity of the institution," "public confidence in our system of justice," "the need for stability and predictability," "the sweet mystery of life," blah blah blah. The problem with establishment types is precisely that they worry about everything except the law. Just get the law right and shut up.[/font]
 

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D2bets said:
Why are you right wingers so silent on this? Your nominee did charity work for aiding gay activists get a judicially activist decision.

If I say I could give a shit,being a Republican,does that now disqualify me a as a neo-con?Is this one of those catch-22's were always hearing about?To each his own in my life.

I mean if the guy went out of his way to fight homos he'd be branded a homophobe by the socialists (Democrats)....but he helps them out and he's branded a gay activist by them.Hilarious.....its not hard to see why the Democratic party is in shambles.

Its not hard to spot the strategy....play both side against the middle....never works in the long run.
 

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BASEHEAD said:
If I say I could give a shit,being a Republican,does that now disqualify me a as a neo-con?Is this one of those catch-22's were always hearing about?To each his own in my life.

I mean if the guy went out of his way to fight homos he'd be branded a homophobe by the socialists (Democrats)....but he helps them out and he's branded a gay activist by them.Hilarious.....its not hard to see why the Democratic party is in shambles.

Its not hard to spot the strategy....play both side against the middle....never works in the long run.

Nobody's branding him anything. But it's clear he was sympathetic to their argument in Romer v. Evans. But Romer isn't just some random gay rights case, it was more of a litmus test on so-called judicial activism -- creating a new protected class that has no basis in the Constitution.

Strategy or not, I like Judge Roberts. He is a conservative in the mold of Justice Souter. I applaud Bush for a sound decision. Best decision he's made as President. I hope he's confirmed 100-0. He's clearly qualified.
 

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Robert's gay activism is no bona as far as I am concern. He is on the right side of stuff in my opinion.


:dancefool :dancefool :dancefool :dancefool :dancefool :dancefool
 

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D2bets said:
Nobody's branding him anything. But it's clear he was sympathetic to their argument in Romer v. Evans. But Romer isn't just some random gay rights case, it was more of a litmus test on so-called judicial activism -- creating a new protected class that has no basis in the Constitution.

Strategy or not, I like Judge Roberts. He is a conservative in the mold of Justice Souter. I applaud Bush for a sound decision. Best decision he's made as President. I hope he's confirmed 100-0. He's clearly qualified.


History will prove your analysis of Roberts' philosophy to be 100% wrong.
 

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Redneckman said:
History will prove your analysis of Roberts' philosophy to be 100% wrong.

From right to left, Roberts will sit in the same seat as O'Connor did -- to the left of Scalia, Thomas, Rehnquist, and slightly to the right of Kennedy. He basically will keep the composition of the court status quo. And I just think he's a sharp, bright, guy. I certainly won't always agree with him, but I will a lot of times. And he will piss of the far Right, I guarantee it.
 

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In your earlier post you said he was in Souter's mold. In my opinion he will be in the Thomas camp, just to the left of Scalia. Good spot to guarantee a conservative court for years to come. Now if we could talk that old codger Stevens into retiring.
 

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Redneckman said:
In your earlier post you said he was in Souter's mold. In my opinion he will be in the Thomas camp, just to the left of Scalia. Good spot to guarantee a conservative court for years to come. Now if we could talk that old codger Stevens into retiring.

He's in the Souter/Kennedy/O'Connor mold of disappointing the Wacko Right. That alone makes him A-OK in my book. :103631605
 

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