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« The will of the people: ballot measures or legislation by legislators? | Main | GWB through history »

September 09, 2005


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Listed below are links to weblogs that reference Law profs opposed to John Roberts: show, don't tell:

» Kennedy Considers Roberts Nomination from Unpartisan.com Political News and Blog Aggregator
Sen. Ted Kennedy (D-MA) talks about President Bush's nomination of John Roberts for Chief Justice. K [Read More]

» Lawprof Letter Against Roberts: from The Volokh Conspiracy
Over at The Yin Blog, lawprof Tung Yin takes a critical look at the recent letter signed by 160 law professors opposing the nomination of John Roberts. An excerpt:[Read More]

» Law Profs' Left Knees Jerk from ProfessorBainbridge.com
Tung Yin deconstructs the anti-SCOTUS nominee John Roberts letter circulating among law professors:The weakness of the letter, as I see it, is that it fails the basic lesson of writing: show, don't tell. The letter tells us that Judge Roberts [Read More]

» Law profs' letter opposing Roberts from PointOfLaw Forum
Falls very much short, in Tung Yin's view.... [Read More]

» LAW: Show Me Don't Tell Me from Baseball Crank
Tung Yin on the absence of persuasive argument in a law professors' letter opposing John Roberts.... [Read More]

» Harriet Miers -- View from the Left? from Personal Jurisdiction
Can any Democrat who voted against John Roberts vote for Harriet Miers with a straight face? And can any law professor who signed the letter opposing Roberts not be eager to sign a letter opposing Harriet Miers? [Read More]

» Blawg Review #23 from Preaching to the Perverted
Welcome to Blawg Review #23, hosted by yours truly, Dave! here at Preaching to the Perverted. As the Editor 'n' Chef noted in his gracious introduction, I am a part-time law student in Chicago, who also has a full-time job, also in Chicago. As luck wou... [Read More]



Your reasonable comments on this letter will, I predict, be unfairly prejudged.

I am gratified that you have made such an insightful assessment of this diatribe available.

Thank you.


Re: point 2, consider Roberts' opinion in Taucher v. Brown-Hruska, in which he expressly rejected the notion "that the government is forever and always 'substantially justified' in defending in court the constitutionality of an Act of Congress, whatever the statute may say, and on any ground a legal mind may conceive . . ."

Ron Hillberg

Toward the end of the letter the following statement is made, "And because the position gave him the opportunity to express his legal views on the most important issues facing the nation", This statement fails to acknowledge that Judge Roberts duty at the time was not to reflect his personal view, but those of the President and administration he was representing. I was a fist year student of Richard Abel in his initial year at UCLA,his view of the law as primarily an instrument of social justice were thought to be way out of the mainstream by generally liberal fellow student I hung around with.


Hey professor - glad to see your analysis. Actually, I'm really happy because I was using your essay to explain to my new girlfriend the commerce clause jurisprudence. Hope all is well.




This is a terrific post. Perhaps your best ever. Very fair and honest, which I was I read this blog all the time.

Hope your fantasy football team gets off to a good start.


Very insightful view of this wide-ranging issue. I had one of the signatory professors for a class during law school, so I think I understand the pool involved here. They are very well-educated, and some are educational giants in the field of Constitutional Law (For example, Chemerinsky wrote my textbook for Con Law.) I might be more willing to buy their arguments had they thought about the issues you raise here.

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