The Roberts Charade

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I managed to listen to a half-hour of the Roberts’ hearings this morning before shutting it off. What’s the point? The man will quite obviously vote to overturn both Roe and Casey—anyone believing otherwise, or failing to catch the significance of his comparing Roe to the Court’s pro-segregation decision, Plessy v. Ferguson, is engaging in wishful thinking here. As Bruce Ackerman pointed out way back in February, Antonin Scalia also told the court: “I assure you I have no agenda. My only agenda is to be a good judge.” Blah blah.

So I’m not quite sure what the whole point of dancing around this issue is, with Arlen Specter trying to find ever more clever ways to get Roberts to signal his views on Roe and Roberts finding ever more clever ways to avoid it. Are we all really supposed to pretend to be fooled here? Meanwhile, I don’t quite see why Roberts even bothers with this dance: why not just say, “Yes, I pretty much think Roe is settled law?” and then overturn it (or narrow it considerably) when he gets a seat on the Supreme Court? It’s not like anyone will impeach him for misleading people at the confirmation hearings. At any rate, William Stuntz had the right idea last week when he argued that hearings for Supreme Court nomination should just be abolished. They won’t, of course—Senators need someplace to grandstand—but going through a process defined by how telegenic the nominee looks and how well he or she can avoid giving any useful information whatsoever seems pretty pointless. The only information gleaned from these hearings is that Roberts is articulate, and seems to be an even-tempered guy, two qualities which are totally irrelevant to working as a Supreme Court Justice.

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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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.

payment methods

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