From the WSJ Opinion Archives
THE NEXT JUSTICE
Rehnquist Redux
Why Ralph Neas and Ann Coulter are both wrong about John Roberts.
Editor's note: Manuel Miranda joins OpinionJournal's roster of columnists to report on the confirmation of John Roberts to the Supreme Court. His column will appear on Mondays, Wednesday and Fridays for now and more frequently once confirmation hearings begin or as news requires. Readers of OpinionJournal will remember Manny from last year's Memogate scandal. He's a former counsel to Senate Majority Leader Bill Frist and, before that, senior counsel to Orrin Hatch when the senator was chairman of the Judiciary Committee. He is founder and chairman of the Third Branch Conference, an ad hoc coalition set up to educate leaders of grassroots conservative organizations on judicial issues and coordinate action strategy. He has received funding from a private philanthropist and applied for a grant from a pro-life educational foundation.
On the Far Left . . .
Just after the First World War, President Woodrow Wilson, a Democrat, was not very successful in garnering support in the Senate for American membership in the League of Nations. Opposition was led by Republican Sen. William Borah of Idaho. Years later Borah was asked why he thought the League was such a bad idea. "I didn't," he answered. "I was against it because it was Wilson's idea." So far the opposition on the left to President Bush's nominee as the next associate justice of the Supreme Court, John Roberts Jr., has mustered no more intellectual firepower than that.
Consider: "The enthusiastic embrace of John Roberts by radical right leaders who have been demanding more far-right activists like Scalia and Thomas on the court should sound alarm bells." That was Ralph Neas, the well-paid lobbyist for Hollywood radicals and trial lawyers nationwide, who heads the People for the American Way. Or as my crazy-talk cousin-in-law put it: "Most telling is the fact that the far-right wackos love him," he said, referring to yours truly. Meanwhile, Kim Gandy, head of the National Organization for Women called Mr. Roberts, a "Bork in sheep's clothing."
Oh, brother. So far, that's the best the radical left has to offer. Get back to me.
. . .and on the Far Right
Instead, let's turn, as my cousin-in-law probably did not, to "far-right wacko" Ann Coulter. The day after the nomination the columnist offered criticism of Judge Roberts from the right, calling the next justice, a "Souter in Roberts' clothing."
Some conservatives might want to dismiss Ms. Coulter. Not me. She is always provocative (that is a good thing), and a powerful writer. In questioning whether Judge Roberts will be the kind of justice whose rulings will reflect the values of social conservatives, she expressed the worries of everyone who hopes the president we got-out-the-vote-for got it right.
Ms. Coulter describes Judge Roberts as "a blank slate" and she states a fact, "Stealth nominees have never turned out to be a pleasant surprise for conservatives." She adds: "The fact that Roberts has gone through 50 years on this planet without ever saying anything controversial. That's just unnatural."
But she's wrong on this one. John Roberts has been working in the maelstrom of public life for three decades; at any moment he could have tripped up or been betrayed. He has navigated those waters and emerged with the respect of those who know him, Republican and Democrat, conservative and liberal.
No, he is not a politician who makes promises he may or may not keep. No, there is no clear read on how he will rule on this or that issue (most especially abortion). But that is what makes conservatives the good guys. We want judges who will be judges, not judges who are a sure thing. That's the way they do things in other countries, where the rule of law is whatever the political class says it is.
Perhaps Judge Roberts will prove not to be another Antonin Scalia or Clarence Thomas. My grandmother always told me that you can know a man by knowing with whom he associates. If Judge Roberts turns out to be in the mold of his former boss, Chief Justice William Rehnquist, that is fine with me.
Mr. Miranda, former counsel to Senate Majority Leader Bill Frist, is founder and chairman of the Third Branch Conference, a coalition of grassroots organizations following judicial issues. His column appears on Mondays, Wednesdays and Fridays.
