Conservatives have a right of association, too

The news this morning is that questions have been raised about whether John Roberts belonged to the Federalist Society.  So what if he did?  It's pretty clear that he is politically conservative, and his beliefs about law and policy are probably similar to those of other Federalist Society members.  The suggestion that membership in the Society could be disqualifying is absurd -- unless someone knows something about that organization that I don't know.  Ruth Bader Ginsburg was a member of the ACLU before becoming a judge (as were some current members of Oregon's appellate courts) -- and no one seriously suggested that such membership was a disqualifying fact.

The disappointing thing about Judge Roberts as the next member of the Supreme Court is that he is another Washington insider.  Diversity is a value on the Supreme Court, as it is in most areas of society, and the Court would be a better institution if its members had more diversity of experience.  President Harding appointed a former president to the Court.  President Hoover appointed a former governor of New York (and presidential candidate).  FDR appointed a couple of senators, an SEC chairman, and a law professor.  President Eisenhower appointed a former governor.  My impression is that Judge Roberts is extremely well qualified to serve on the Court -- but wouldn't it have been better if the president had appointed a thoughtful conservative governor or senator (a conservative analog to Mario Cuomo, perhaps)?

Comments

[Tom Christ]

People shouldn't assume that Judge Robert's membership in the Federalist Society means that he shares the views of other members of that association. I belong to the Federalist Society, as well as the ACLU and the Society's left-leaning counterpart -- the American Constitutional Law Society. That doesn't mean that I subscribe to the views of other members of those associations -- I don't, and I couldn't, because they clash. I'm simply looking for exposure to competing points of view on the issues of the day.

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