Roberts's Chill Heart

Is Judge John Roberts worth a fight? That's the question Senate Democrats and civil rights lobbyists were asking as the amiable nominee made his let's-get-acquainted rounds on Capitol Hill. To put it bluntly: With Judge Roberts's reputation as a skilled and unimpeachable Supreme Court litigator, with his long bipartisan list of Washington friends, with George W. Bush sure to appoint another conservative if he's defeated, why bother?

Call as witness Ansche Hedgepeth, a 12-year-old girl who in 2000 made the mistake of eating a french fry on the Washington Metro while police were in the midst of a quality-of-life crackdown. Officers arrested Ansche, handcuffed her, threw her in the back of a squad car and kept her in lockup for three hours. This big-government approach to childrearing offended Ansche's mother as well as the conservative Rutherford Institute of Virginia, which sued on her behalf. The case ended up before Judge Roberts, who refused to expunge her record. Why? Arresting Ansche, he wrote, advanced "the legitimate goal of promoting parental awareness and involvement with children who commit delinquent acts."

How will this judge, who endorses the manacling of a youngster over a snack, rule when confronted with the profound civil liberties challenges of the "war on terror"? We don't need to speculate. The day after his interview with Bush, Roberts and two other Reagan/Bush appointees on the DC Circuit reinstated military tribunals at Guantánamo--ruling that courts have no authority to review the White House's determination to deny those prisoners Geneva Convention protections.

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