Cheat-Seeking Missles

Tuesday, July 19, 2005

Left Response: "OMG! It's Roberts!"

Democratic Underground is not happy with the Roberts nomination:


The post identifies the following attack points the left is likely to pursue: Abortion, separation of church and state, civil rights, environmental protection, property rights, police vs. criminals, and this:
Concurring in a decision allowing President Bush to halt suits by Americans against Iraq as the country rebuilds, Roberts called for deference to the executive and for a literal reading of the relevant statute. (Acree v. Republic of Iraq, 2004)

In an article written as a law student, argued that the phrase "just compensation" in the Fifth Amendment, which limits the government in the taking of private property, should be "informed by changing norms of justice." This sounds like a nod to liberal constitutional theory, but Rogers' alternative interpretation was more protective of property interests than Supreme Court law at the time.