SCOTUS nominee Roberts argued for state in Rice v. Cayetano
The
Advertiser
reports
that Bush's SCOTUS nominee, John G. Roberts,
Jr.,
Interesting. I had forgotten that he argued that case. One would think that someone with "strong conservative credentials" like Roberts would have been on the other side of that argument.
Update: I didn't know anything about Roberts at the time, but the question this raises now is why were there conservative Federalist Society lawyers arguing both sides of this case?
Update 7/20: The Star-Bulletin has more details about Roberts' role in arguing the case before the Supreme Court.
And the Advertiser has more, including "the irony that Roberts, who had a conservative reputation, was hired to represent what some might consider a liberal cause," as noted by then state deputy attorney general Girard Lau. Even though the state lost the case, Roberts is given credit for what he called "a silver lining" that the majority issued a narrow ruling. According to Lau, "[T]he majority limited the ruling to the Constitution's 15th amendment. If they had based the decision on the Constitution's equal-protection 14th amendment, the ruling might have made it harder to save programs for Native Hawaiians and easier to attack the Akaka bill on constitutional grounds."
Update 7/21: Roberts' advocacy in Rice v. Cayetano is noted in the briefing report and talking points put out by the Senate Judiciary Committee Majority staff, as part of the response to the anticipated attack that Roberts is hostile to civil rights and affirmative actions.
Update 7/22: Apparently not a Feddie after all.
UPDATE 7/24: Well, maybe he was a member after all.
...is known in Hawai'i for his work on Rice vs. Cayetano, a case that challenged a 20-year practice allowing only Hawaiians to vote for trustees at the Office of Hawaiian Affairs, an agency that administers programs to benefit Hawaiian.
Roberts represented the state, which lost.
Interesting. I had forgotten that he argued that case. One would think that someone with "strong conservative credentials" like Roberts would have been on the other side of that argument.
Update: I didn't know anything about Roberts at the time, but the question this raises now is why were there conservative Federalist Society lawyers arguing both sides of this case?
Update 7/20: The Star-Bulletin has more details about Roberts' role in arguing the case before the Supreme Court.
And the Advertiser has more, including "the irony that Roberts, who had a conservative reputation, was hired to represent what some might consider a liberal cause," as noted by then state deputy attorney general Girard Lau. Even though the state lost the case, Roberts is given credit for what he called "a silver lining" that the majority issued a narrow ruling. According to Lau, "[T]he majority limited the ruling to the Constitution's 15th amendment. If they had based the decision on the Constitution's equal-protection 14th amendment, the ruling might have made it harder to save programs for Native Hawaiians and easier to attack the Akaka bill on constitutional grounds."
Update 7/21: Roberts' advocacy in Rice v. Cayetano is noted in the briefing report and talking points put out by the Senate Judiciary Committee Majority staff, as part of the response to the anticipated attack that Roberts is hostile to civil rights and affirmative actions.
Roberts' record as a Supreme Court advocate cannot be easily characterized as either pro- or anti-civil rights. As a private practitioner, he represented the Governor of Hawaii in defending the State's preferential treatment of Native Hawaiians in Rice v. Cayetano.
Update 7/22: Apparently not a Feddie after all.
UPDATE 7/24: Well, maybe he was a member after all.
Posted: Tue - July 19, 2005 at 04:37 PM
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