The Corner

Roberts’s Role in Romer

People seem to be making the assumption–I did, when I first glanced at the story–that the fact that the case was pro bono rather than paid makes it more likely that Roberts agreed with the litigants. But that assumption is probably incorrect, isn’t it? He was doing work for his firm. Is it standard practice for lawyers to decline to help on the firm’s pro bono cases when they disagree with the firm’s legal position? I suspect the answer is no, but I imagine lawyers are going to be explaining the answer to us pretty quickly. If the fact that the work was pro bono doesn’t raise any red flag, then Roberts’s involvement in the case seems no more troubling than, say, his work defending Hawaii’s ghastly racial preferences–for which his firm was paid, and in which he was more deeply involved. So if opponents of those preferences don’t hold that against him, as we probably shouldn’t, then opponents of Romer shouldn’t hold it against him either. Or am I wrong here?

Ramesh Ponnuru — Ramesh Ponnuru is a senior editor for National Review, a columnist for Bloomberg Opinion, a visiting fellow at the American Enterprise Institute, and a senior fellow at the National Review Institute.

Most Popular

U.S.

The Inquisitor Has No Clothes

This is a column about impeachment, but first, a confession: I think I might be guilty of insider trading. At this point, I would like to assure my dear friends at the SEC that I do not mean this in any actionable legal sense, but only in principle. Some time ago, I was considering making an investment in a ... Read More
Politics & Policy

ABC News Makes a Serious Mistake

Today, across Twitter, I began to see a number of people condemning the Trump administration (and Betsy DeVos, specifically) for imposing a new definition of sexual assault on campus so strict that it would force women to prove that they were so harassed that they'd been chased off campus and couldn't return. ... Read More