In the time-honored Zycher tradition of finding a cloud in every silver lining, please allow me to ask a few irreverent questions during this swoon period for Solomon, oops, John Roberts, whom I assume to be a very, very good guy in the overall scheme of things, on the basis of reactions and such from many people whose judgment I trust. Nonetheless...
First: Will he be more like Rehnquist or Thomas, that is, will he be more or less willing, respectively, to defer to the whims of the state legislatures and Congress? Or will he be willing---make that intent upon--- enforcing the Constitution? Beats me.
Second: How deferential toward precedent will he prove to be? Or will he be willing/intent upon throwing out such silly and destructive decisions as that on "public use/takings" in Kelo? Beats me.
Third: Will the enthusiasm for Roberts among the Republican base allow W to nominate a squishball like Gonzalez when Rehnquist retires next year? And what about the prospective departure of that giant of legal reasoning, John Paul Stevens? Beats me.
Fourth: It is very good that W decided not to take the easy path and preserve the O'Connor seat as a Womyn's appointment. But it would have been nice to send a signal that shrinking from a real fight with the lefties is not in the cards, and the Roberts appointment is a missed opportunity to shove the nuclear option down their throats. Will W avoid a fight the next time around? Beats me.
Fifth: I assume that Roberts will not acquiesce in the latest fad, to wit, the use of foreign law and purported "international opinion" as a criterion with which to allow the judges to impose their own views on everyone else. Will any of the Republicans on the Judiciary Committee ask Roberts about this? Beats me.
Sixth: Will anyone point out that we are in a legal/Constitutional mess not only because of the lefties and the desire of judges to get invitations to the Georgetown cocktail parties, but also because of such self-promoting gasbags as Bill Bennett, a hypocrite perfectly willing to put others in jail for their vices while making excuses for his? Because of Bennett, we wound up with the ineffable Tony Kennedy on the court, instead of Doug Ginsburg, because the latter smoked some pot while at Harvard, or something like that truly significant. Ginsburg would have been the best guy by far on the Court in a long time; will anyone tell Bennett to shut up when he starts to pontificate about strict constructionism and the like? On this one I think that I know the sad answer.
Anyway: Just asking.