The Roberts Effect

By Viveca Novak

As John Roberts sailed through his confirmation hearings, conservatives stepped up pressure on George W. Bush to choose his next Supreme Court nominee more squarely in the strict-constructionist, Antonin Scalia mold. Another Roberts, according to conservative activist Phyllis Schlafly, would be "a betrayal." Why? Because Roberts left it unclear whether he would uphold Roe v. Wade, and Schlafly and others want a sure vote to reverse it.

Conservatives redoubled their opposition to Attorney General Alberto Gonzales, seen by some as too squishy on abortion. "It's really sad," said former associate White House counsel Brad Berenson, "that the conservative groups seem to have so little faith in the President and the Attorney General." A bigger problem may be that Gonzales would have to recuse himself from several key cases, including one on the use of military commissions to judge suspected terrorists. Roberts would have to sit that one out as well, leaving a liberal majority. Still high on the list: Judge Priscilla Owen. Fallen off: Judge Edith Brown Clement, believed guilty of excessive self-promotion--a sin in this Administration. --By Viveca Novak