6 Comments
Feb 29Liked by Ed Whelan

Thanks for this.

Seeing sausage being made may not make you “swear off” your fatty protein of fast-breaking preference. But it surely will be an explanatory experience when later in life you are looking back trying to figure out why your damned arteries are clogged.

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So basically the GW Bush administration failed to do the basic research that would have uncovered Roberts's participation in Romer. If this research had been done before nominating him to the DC Circuit (or Scotus) then GW Bush would have nominated a real conservative(and hopefully not Luttig, who has turned into an imbecile over TDS) and we wouldn't have this Roberts albatross around the court's neck right now.

Seems like yet another great failure by GW Bush!

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author

With respect, I think that you're being unfair to GWB White House. What "basic research" would have yielded that information? Senators had a much greater opportunity to uncover it through written questions in connection with Roberts's D.C. Circuit nomination.

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If it's unfair I apologize, but why wouldn't the White House ask him for a list of Scotus cases he worked on?

Regardless, this wasn't the only clue that Roberts was a moderate masquerading as a conservative, although that may be what GW Bush wanted.

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author

With his experience as principal deputy SG, Roberts would have had a list of hundreds of cases. It’s easy in hindsight to imagine the right question that should have been asked, but the process moves so fast that it’s impossible to be exhaustive.

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Mar 1·edited Mar 1Liked by Ed Whelan

Ok that's fair. It still seems like there was more than enough other known evidence, in 2005, to doubt how conservative Roberts would be on the court but others may disagree.

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