The Riddle of Roberts

Senate hearings to confirm nominee John Roberts to the Supreme Court got underway today, and several things became quickly clear. John Roberts was a relaxed, affable, knowledgeable man who thought quickly and spoke with great articulation. He also did everything possible to avoid direct or substantive answers to questions, and was determined to cast most of his prior writings as reflections of the views of his employers, not necessarily views of his own.

Despite writings that suggested strongly held views on a number of legal issues, Roberts claimed that his writings were merely an approximation of the views of his bosses. And when asked whether a woman’s right to an abortion fell within the broader right to privacy, Roberts dodged the issue, claiming he was not comfortable talking about an issue that is pending or may be addressed by the court in the future.

The American public should be worried about his responses, as they guarantee that we will know very little about the actual views or thinking of this man, and will end up confirming him not because of where he stands, but merely how he stands. Given his background and those who nominated him, it is highly likely that his desire to avoid delineating his views implies that he has things to hide, things that would jeopardize his chances were they to come to light. Clearly, he is intent on giving less information to the Senate than any justice already on the court.

Do the American people deserve to have a rough idea of his views, or should we be satisfied that a black box will be confirmed as Chief Justice, to serve for perhaps the next thirty or forty years? Suppose, in his heart, he believes that the states should be allowed to pass laws that prohibit abortion if the majority of residents wish it. Suppose he believes that the right to privacy does not extend to the bedroom. Suppose he believes that prayer should be mandatory in public schools. It looks like we won’t know until he starts deciding cases.

But hey, John Roberts has big blue eyes and a nice smile, so let’s go ahead and roll the dice. It’s only the second most powerful job in America after the Presidency.