JUSTICE ROBERTS?
Seems like a sensible choice to me. Conservative, but of course the pick was going to be conservative. He's tabula rasa, as far as his judicial philosophy, but he's uniformly regarded as a brilliant judicial mind. I have little earspace for objections to positions Roberts may have taken as an advocate in the past.
So, I look forward to the hearings. Given Roberts' years of legendary advocacy before the Supreme Court, I doubt any Senators will get him flustered or off message.
Thus, I predict -- and indeed hope for -- a quick confirmation.
UPDATE: It is very likely that the recent decision of a three-judge panel (including Roberts) of the D.C. Circuit granting the Bush Administration virtually unlimited power to try military detainees as the administration sees fit will be appealed to the Supreme Court.
Query: If the case is before the Court after Roberts is appointed, will he recuse himself? Can a Supreme Court Justice rule on whether one of his opinions in a lower court was constitutional?
Just curious.
posted by Abe at 7/20/2005 12:03:00 PM
7 Comments:
of course not. read the canons of judicial ethics. arent you a student of the law?
what canons would those be? where can i find them? i'm not being funny either.
i think he can rule on the issue. ram
Reee-cusal.
It's not clear from the model judicial code of conduct,(http://www.abanet.org/cpr/mcjc/canon_3.html) though this may apply by analogy:
Judge should recuse himself where:
"the judge, while a judge or a candidate* for judicial office, has made a public statement that commits, or appears to commit, the judge with respect to
(i) an issue in the proceeding; or
(ii) the controversy in the proceeding"
Better question, should a justice recuse himself if he has been fowl hunting in the south with big corporation and the issue of law involves said big corp.? Question two, is that the way you spell tabula rasa? Signed, Scalia is a stocky burly malboro smoking prick. But pretty smart.
Yes. I originally spelled it tabla rosa, but then noticed that none other than Bones Coulter had made the same comment with different spelling. Hers was right.
Quack quack.
Is it me or does this cat resemble Ltnt. Sean T. McLaughlin
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