David Kusnet, a veteran of the campaign to smear Robert Bork, offers largely good advice to Democrats on how to deal with John Roberts. 1) “[Q]uestioning whether his Catholic faith would influence his decisions on the bench would be wrong in every way.” 2) “Democrats would also do well to avoid elaborate explorations of Roberts’s views on such legal theories as ‘original intent’ and ’strict construction,’” since these topics could “prompt debates about liberal activism.” 3) Democrats should try to paint Roberts as an enemy of workers, someone who would use limits on congressional power over interstate commerce to remove their protections. 4) They should use his memos from the 1980s to paint him as someone with “more passion against grammatical errors than social ills.” The perception that Bork was more concerned about abstractions than people, he writes, was fatal. I’m not so sure that the commerce-clause attack will work; it seems pretty easy for a justice to explain that the Supreme Court hasn’t come close to undoing any worker protections and would not be likely to.
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About the Author
Ramesh Ponnuru is the editor of National Review, a columnist for the Washington Post, and a fellow at the American Enterprise Institute.
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