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Politics : The Supreme Court, All Right or All Wrong?
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To: sandintoes who wrote (383)8/7/2005 11:49:31 PM
From: paret  Read Replies (1) of 3029
 
Judge Roberts's Paper Trail
NY Slimes ^ | 8/7/05

A battle is brewing over whether the Bush administration is wrongly holding back information on Judge John Roberts Jr., the Supreme Court nominee. The short answer is: yes.

Senators have broad power to review documents as part of their constitutional advice and consent role. This includes the memos at the heart of the current dispute, which Judge Roberts wrote as a high-ranking government lawyer.

For a man who has spent much of his life in public service, Judge Roberts has a remarkably sparse public record. He has been involved in very controversial matters, like advising Gov. Jeb Bush during the 2000 Florida recount, and he played a pivotal role in setting legal policy in the Justice Department of President George H. W. Bush. But he has largely operated behind the scenes, and there is little to indicate what he was thinking when he was doing this work.

The best indication of what kind of justice Judge Roberts would be may be the memos he wrote when he was a top political appointee in the solicitor general's office, which represents the government before the Supreme Court. He held that job during the administration of the first President Bush, when the office weighed in on major civil rights, religion and abortion cases. The written record could provide important insights into his approach to these subjects.

The White House has not produced these memos, and appears to be prepared to claim they are protected by attorney-client privilege. But the privilege does not apply. Attorney-client privilege is not a right of the attorney, but rather of the client - in this case, the entire United States. The current White House has no right to assert a privilege on behalf of the whole country.

(Excerpt) Read more at nytimes.com ...
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