Rehnquist's Legacy

Fire of Liberty

Ed Whelan, president of the Ethics and Public Policy Center, has a wonderful piece in the Los Angeles Times that demonstrates why John Roberts is a wise choice as the next Chief Justice of our Supreme Court. Here's a sample of Whalen's argument on why Roberts will be a good fit in the court:

By contrast, jurists whom the left derides as "conservative extremists" would not impose conservative policies on any of these issues but would instead leave the issues to the American people to resolve.

If the people of a state, for example, want to enact same-sex marriage through the democratic process, Justices Antonin Scalia and Clarence Thomas would defer to their decision — as they likewise would if the people decide to retain traditional marriage. Scalia and Thomas would do so not because of any position they have on the wisdom or prudence of either policy but because they recognize that the Constitution does not authorize the courts to second-guess the political processes on such questions.

Consistent with his judicial record, Roberts's Reagan-era documents establish that he is a long-standing and committed proponent of judicial restraint. That's why all Americans who are faithful to the Constitution should support Roberts's nomination.

I just hope that President Bush will be able to elevate more individuals with such judical temperaments like Roberts to the Supreme Court to ensure that the Great Court reviews the cases before it based on the Constitution rather than "legislate from the bench" like some justices seem to prefer. You can be rest assured that these future judicial picks won't be the types who will try to interpret what the Founding Fathers meant to say but will simply refer to the Constitution and what it actually says when discerning theconstitutionalitym of laws or cases presented to the court. This is the least we can hope for, which might be one of the lasting legacies of Chief Justice Rehnquist.