Roberts Bait-and-Switch

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The front page of the Los Angeles Times breathlessly reports: “Supreme Court nominee John G. Roberts Jr. worked behind the scenes for gay rights activists, and his legal expertise helped them persuade the Supreme Court to issue a landmark 1996 ruling protecting people from discrimination because of their sexual orientation.”

Oh my, so maybe Roberts isn’t such a run-of-the-mill right-winger after all, eh?

Wrong.

Reading the story closely, it becomes clear that Roberts himself didn’t take up this case, nor did he act as chief litigator. His firm, Hogan & Hartson, took up the case pro bono, and the firm “expected” its employees to pitch in from time to time. A colleague in need of assistance approached Roberts, because he was the guy who knew what sort of arguments would best appeal to a relatively conservative Supreme Court. And Roberts, quite naturally, helped out, and did a very professional job of it, because he’s an extremely smart lawyer. Nor does it seem so unlikely that he would have forgotten to mention a decade-old case for which he provided incidental help. The whole ordeal seems perfectly ordinary, and doesn’t provide any indication that Roberts might somehow cast a friendly eye on gay rights as a sitting justice on the Supreme Court. In all likelihood, he won’t. So to answer Kevin Drum’s question, some liberal muckraker probably floated this story to the Times to roil up a bit of discontent with Roberts among the religious right. If they take the bait, good, but liberal opponents of Roberts really shouldn’t get their hopes up.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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