Well, we’ve had the name of John Roberts as the niminee for the opening on the Supreme Court bench for a couple of days now. I have tried to give myself some time to gather some information and draw some conclusions before I posted my thoughts in this nomination. The main questions were: (1)should John Roberts be confirmed? and (2)will John Roberts be confirmed?My personal answers at this time are: (1)I still don’t have enough information to say for sure and (2)probably.
John Roberts has the objective credentials to be a supreme court justice. There are those who might complain about a lack of experience, but really we could do much worse on experience. So far the democratic senators who have spoken up seem to indicate that they will not make this a nasty confirmation. They have both the right and the responsibility to question Judge Roberts thoroughly during the confirmation hearings but it appears that they will not resort to a filibuster which means that he will probably be confirmed.
Now, because of how little I have been able to learn about this man with the thin judicial resume, the question has been raised in my head: is the way to get people appointed to the supreme court in these days of divisive politics to find someone who has a scant record who you hope will do what you want (based on your own ideological leaning) but who has very little for the opposition to oppose? That seems to be the formula here. I do not mean to imply that Judge Roberts is unqualified or even that the president might think him unqualified but dependable. I am saying that one of the reasons that I believe this nomination will succeed, and possibly one of the reasons that it was made, is because the liberals may have their objections and suspicions but they have very little ammunition from Roberts’ short tenure as a federal judge.
Hopefully I have made it clear what I am referring to when I ask: does our political situation dictate that this is how to make things happen? And if so: is it a safe situation to require that a judge have a short track record if he is to survive the confirmation process?