A relatively muted response (so far)

It was safe to assume the Republican base wouldn’t be thrilled with John Roberts’ work on behalf of gay rights activists in Romer v. Evans. The next step would be to gauge exactly how upset they are.

So far, it seems the right is disappointed, but not to the point that Roberts is in real trouble.

The White House immediately sought to reassure Judge Roberts’s conservative backers, telephoning prominent leaders, including Richard Land of the Southern Baptist Convention, but it appeared that not all of them had been convinced. […]

Even so, reports of his involvement echoed on conservative talk shows Thursday, generating outrage and disbelief. “There’s no question this is going to upset people on the right,” Rush Limbaugh told his radio listeners. “There’s no question the people on the right are going to say: ‘Wait a minute. Wait a minute! The guy is doing pro bono work and helping gay activists?’ ” […]

James C. Dobson, chairman of the evangelical group Focus on the Family, said Judge Roberts’s work in the case was “not welcome news to those of us who advocate for traditional values,” though he said it did not necessarily mean that Judge Roberts shared the plaintiffs’ views.

Colleen Parro, executive director of the Republican National Coalition for Life and one of the few conservatives to raise questions about Judge Roberts, said his work on the case was “cause for more caution and less optimism” about his nomination.

All things being equal, Roberts and the Bush gang should be thrilled with the tepid dissatisfaction. The Romer case, as far as the conservative base is concerned, isn’t too far behind Roe v Wade in the list of cases they find truly disastrous. And yet, Bush’s Supreme Court nominee worked behind the scenes on behalf of gay rights activists and used his legal expertise helped them persuade the Supreme Court to rule in their favor. I half-expected them to have a fit, which hasn’t happened. Yet.

There also remains some question about Roberts’ willingness to participate in this case.

John Yoo, a law professor at the University of California at Berkeley who served as a deputy assistant attorney general in the Bush administration, said the pro bono case was unusual for a conservative Republican lawyer. “Usually, conservative lawyers take on the more conservative causes,” Yoo said.

Maybe so, and yet Roberts didn’t seem to hesitate to help out on this one. Walter Smith, who was in charge of pro bono work at Hogan & Hartson from 1993 to 1997, said he had little trouble recruiting Roberts to lend a hand.

“It looked like a challenging, interesting, provocative, important case,” said Mr. Smith, who is now the executive director of the D. C. Appleseed Center, a nonpartisan public interest legal group. “Everybody knew that, and I think he believed it was worth his time.”

Mr. Smith said part of his job was to match lawyers with cases that would intrigue them, and that his initial instinct was that Judge Roberts would be willing, despite his conservative bent. In the past, Judge Roberts has made it a point to note that lawyers do not always agree with their clients.

“Every good lawyer knows that if there is something in his client’s cause that so personally offends you, morally, religiously, if it so offends you that you think it would undermine your ability to do your duty as a lawyer, then you shouldn’t take it on, and John wouldn’t have,” he said. “So at a minimum he had no concerns that would rise to that level.”

That’s an important point. As far as the Dobson crowd is concerned, Roberts should have had moral and religious misgivings about this case, but he didn’t. In fact, Walter Smith added that Roberts clearly had a choice, but chose to help.

It’s just a hunch, but I think this one might linger for a while. The Bush gang worked the phones yesterday, trying to alleviate concerns raised by the major right-wing players. In the short term, that may have helped keep some of the criticisms muted. But the right expects Roberts to be another Scalia, and his work in the Romer case suggests he may not be cut from the exact same cloth.

Ann Coulter said yesterday that “compared to what we know about John Roberts, Souter was a dream nominee.” If her fellow right-wingers start coming to the same conclusion, next month’s hearings could get lively.

Geez, so the guy’s gay. What’s the big deal?

  • Strange Likkert scale display for Roberts:

    Strongly disagree: Ann Coulter

    Disagree: James Dobson

    No opinion: ??

    Agree: ??

    Strongly agree: The Shrub and the rest of the Bush Crime Family

    And where are the Democratic Senators (prez candidates, Judiciary members)?

  • As an associate in a large law firm, I do a lot of pro bono work for the gay rights movement as well, so I may have some insight to offer into the “he was just advocating his client’s position” spin that the right seems to be trying to put on this. Attorneys, much less partners at prominent D.C. firms, simply do not take on pro bono (i.e., *free*) legal work for causes they do not believe in. I don’t know anything about the particular culture of Hogan & Hartson, but I am absolutely certain that Judge Roberts could have satisfied whatever obligations he had to perform pro bono service without lending his efforts to a controversial gay-rights case if he had any problem advocating for the plaintiffs in that case.

    That said, regardless of one’s politics the Colorado constitutional provision at issue in Romer was a pretty egregious violation of the 14 Amendment’s Equal Protection clause. I would not be surprised if Judge Roberts disagrees with the Supreme Court’s holding in Lawrence v. Texas, despite his support of the plaintiffs in Romer. He may yet be a right-wing nut, but at least his work on Romer suggests that he’s a right-wing nut with something of a conscience. A rare occurrence in Washington these days.

  • This news is a godsend.

    A) The Supreme Court justice nominee doing pro-bono in defense of gay rights is great news by itself

    B) Note Dobson’s comment. “[N]ot welcome news to those of us who advocate for traditional values,” which, in regards to the Colorado case Roberts was involved in, apparantly means being able to discriminate against gay people with impunity, to isolate, dehumanize, and further turn them into second-class citizens. He has put himself (and by extension his organization) on the record as no less than advocates of discrimination against gays. Those of us who actually believe gay people are human beings should be brow-beating everyone through the media on this one in order to marginalize Dobson. Unless he was already openly in favor of gay discrimination rather than coy about it (which I assume had been the case before,) which would just be incredibly disappointing.

    Additionally, apparantly the Republican Coalition for Life doesn’t extend its “Life” advocacy to ensuring equal lives for gay people. I know that’s a bit of a stretch, but it’s important to note that an abortion organization for some reason is concerned that because Roberts may believe in equal rights for gays that he also believes in the legality of abortions. (Okay, I know that reasoning is a bit of a stretch, but what is implied with theirs?)

    C) Now that the right is interested, surely we can collect some scuttlebutt on his opinions on abortion and overturning Roe. What exactly is the White House saying to try to reassure the GOP base?

  • So far, it seems the right is disappointed, but not to the point that Roberts is in real trouble.
    . . .
    Ann Coulter said yesterday that “compared to what we know about John Roberts, Souter was a dream nominee.” If her fellow right-wingers start coming to the same conclusion, next month’s hearings could get lively.

    So. . . do you still say “vote no�? What is the joy for, that the GOP is splitting on an issue, or that it will be hard to confirm a guy the wingnuts don’t think is nutty enough? Seems like contradictory and reactionary logic: hate Roberts because he was nominated by BushCo, love the difficult confirmation because. . . he might not be crazy enough for theocratic creationists and assorted homophobes?

    I wonder: with all the ultra-clever media manipulation we’ve seen in the past, how could such a relatively simple political move turn out so clumsy? Frankly, I don’t think it “turned out� any other way than the way it was planned from the get-go. Dems should be suspicious here instead of gloating, just to be safe.

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