ConfirmThem

By Pejman Yousefzadeh Posted in Uncategorized — Comments () / Email this page » / Leave a comment »

There is some talk about withdrawing John Roberts's nomination and resubmitting it--this time with Roberts as the nominee for the position of Chief Justice. I know that I said before that Roberts would make an ideal Chief. I still believe it. But there is no reason whatsoever to pull his nomination and resubmit. Why mess with a good thing, after all?

Sen. Kent Conrad, a Democrat from North Dakota, sounds like a swooning Republican when he talks about Supreme Court nominee John G. Roberts Jr.

"I am impressed with his demeanor, his intelligence, his sense of humor, his modesty," said Conrad. "Absent some bombshell, which I don't expect, I think he will be confirmed and quite handily."

Praise like this is bad news for the nearly 30 liberal special interest groups calling on Democrats to block Roberts's rise to the Supreme Court. But it is good politics for Democrats such as Conrad who are running for reelection in states that President Bush won, according to several senators and strategists.

With the confirmation hearings expected to focus extensively on Roberts's views on abortion, affirmative action and other social issues, a number of Democrats say it would be unwise politically for Conrad and the five other red-state senators to side with liberal groups such as People for the American Way and NARAL Pro-Choice America.

This calculation is a chief reason both sides expect Roberts to be confirmed by the Senate -- with the only real debate among head counters from both parties being how many Democrats will join Republicans in voting yes.

"You are going to be arguing about issues that we all saw Democrats paid a heavy price for in the last election," said Leon Panetta, a former Democratic House member who served as Bill Clinton's White House chief of staff. "Democrats have a tremendous opportunity right now to hit Bush where he's weak, which is on oil prices and the war. Don't hit him where he's strong, which is these values issues."

With the hearings two days away, Republicans and Democrats are carefully weighing the political implications of the Roberts vote for the 2006 congressional elections and the 2008 presidential race.

Nearly six in 10 Americans -- 57 percent -- say the Senate should confirm Roberts to the high court while 22 percent say it should not, according to a Washington Post-ABC News poll. That's virtually identical to the results of a Post-ABC poll taken immediately after Bush nominated him five weeks ago, suggesting the drumbeat of criticism from liberal groups has had little effect.

If anything, the intense scrutiny of Roberts's record as a lawyer and judge may be benefiting the nominee, the survey suggests. Four in 10 -- 39 percent -- said the more they heard about Roberts, the more they liked him, while 28 percent said new information has made them feel less favorable toward the nominee. Most of the positive movement has occurred among Republicans and political conservatives, and much of the erosion occurred among Democrats and liberals, according to the poll.

Republicans say they expect to benefit politically no matter how Democrats vote, as long as Roberts is confirmed. Several GOP officials said a resounding victory would safely inoculate Republican candidates from charges that Roberts holds legal views that are anathema to the rights of women and minorities, as Democrats plan to contend in the hearings.

There is, quite frankly, no reason whatsoever to change this situation. Better to stick with the current state of affairs. Roberts will very likely be confirmed and will thus shore up originalist and strict constructionist thinking--which Justice O'Connor oftentimes departed from. Another candidate can be named as Chief Justice--perhaps the absolutely superb Michael McConnell will get his due and be named (there are plenty of other good candidates out there as well)--and the nomination process will thus proceed in a smooth and successful manner. Things are simply going too well with the Roberts nomination to upset the applecart now--especially given that the hearings for the nomination are scheduled to begin on Tuesday.