Article III Groupie had a rough day in the office (and the next few days are also looking ugly, so don't expect much from her this week). She doesn't have the time or the energy to do much writing of her own. So she will instead direct you to some of the more interesting things that other people are writing about our beloved SCOTUS nominee, Judge John G. Roberts, Jr. (D.C. Cir.).
A3G's collection of links is admittedly idiosyncratic; work has prevented her from following Roberts nomination developments as closely as she might like.* For a more comprehensive collection of Roberts coverage, she refers you to Blawg Review #16, expertly hosted by Sean Sirrine of Objective Justice.
A3G has noticed the following theme emerging in the latest John Roberts nomination news: at this early stage in the process, we seem to have more questions than answers about the nominee. Here are a few examples:
1. Is Judge John Roberts now, or has he ever been, a member of the Federalist Society?
Unclear. A3G previously retracted her statement, made in the original version of her John Roberts quiz, that Judge Roberts was a member of the Federalist Society. But maybe she was right the first time around? Check out Chuck Lane's interesting article on the subject.
A3G's reaction: What would be the problem if Judge Roberts does belong, or previously belonged, to the Federalist Society? After all, many current and future federal judges are members of this distinguished organization. Treating Judge Roberts's membership or non-membership in the Federalist Society as something insidious strikes A3G as a bit like McCarthyism from the left. (Some of the recent discussion of Judge Roberts's Catholic faith is similarly troubling.) Viewed most charitably, the news media's focus on Judge Roberts's ties to the Society is just plain silly -- "pretty foolish," for the reasons identified here by David Bernstein.
But perhaps Judge Roberts has brought this "problem" upon himself, by appearing somewhat cagey and defensive about the whole Federalist Society issue. A more gutsy response to the inquiries: "I'm a member of the Federalist Society, a fine organization dedicated to sponsoring serious and robust intellectual debate, and I'm damn proud of it. On the Chrysler PT Cruiser that I drive, I have a bumper sticker that reads, 'Honk if you're a Federalist!' Do you have a problem with that?"
2. Is Judge John Roberts gay?
Hmm, who knows? The thought never crossed A3G's mind until the issue was raised in some of the reader comments to this post. For a very thorough analysis of blogospheric comment on this question, check out Chris Geidner's super-thorough post over at Law Dork. (And good luck on the bar exam, Chris!)
Judge Roberts, if you are in fact gay, A3G has just the guy for you! (Come on, Mr. Brooks, you're not fooling any of us with your expressions of love for "the Roberts nomination." We all know you want a piece of this judicial hottie!)
3. Is Judge John Roberts this super-wholesome, all-around nice guy, or does he have a more snarky side?
In the days immediately following the nomination, Judge Roberts was presented as the former, to the point of striking some as being a bit bland. But now some evidence is emerging to support the latter conclusion. See, e.g., here (via Law Dork, via Blawg Review). It seems that the young John Roberts definitely had a cheeky side!
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My goodness! What do all of these "controversies" over Judge Roberts mean? Do they stand for the proposition that when it comes to the federal bench, Fed. Soc. types with a snarky streak -- plus a few non-traditional sexual predilections -- need not apply? If so, then perhaps A3G's own aspirations to federal judicial diva-hood are in trouble...
* Despite being oppressed at work, A3G did get the chance to make extensive revisions to The Roberts Nomination: And What About da Clerks? In this post, she speculated about how Justice Roberts might go about picking law clerks for his first Term based on the hiring practices of Justices Thomas, Ginsburg, and Breyer during their first few terms on the Court. A3G also discussed the likely fates of the individuals that Judge Roberts previously selected to clerk for him on the D.C. Circuit for 2005-2006 (assuming, of course, that he's confirmed to the Court).
A3G would highlight the specific changes here, but there are simply too many of them. The post is, for all intents and purposes, a new post compared to what she originally published. So, if the topic of Supreme Court clerkships is of interest to you, you should definitely take another look. (An added incentive to reread the post: a picture of the handsome George Hicks, who was a successful contestant on Jeopardy!)
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