On September 25 I wrote a diary, basically saying that I saw the faintest glimmer of hope for Roberts. Now, don't get me wrong here. I really don't want the guy sitting in the same chair as Berger, Warren, or Blackmun. I think the nomination of Roberts is bad, any way you look at it.
However, as the saying goes, a hanging has a wonderful way of focusing attention. This nomination is going to go through. And, at a singular moment on the first day of hearings, I saw something that I hope, and still hope, will allow Judge Roberts to overcome his intellect and realize that policy, like legal decisions, have real life (and death) consequences.
I hold to that sliver of hope. Sen. Feinstein told the story of the acquaintance maimed by a botched abortion, and of another young woman taking her life rather than go through with her pregnancy.
I don't know if Roberts will find some section of his heart or not. I don't know if he will be of a truly open mind. I don't know if he will give the benefit of the doubt to the little people over corporate megalomaniacs. I don't know if the hapless toad will ever have a chance.
To environmentalists, Roberts could be a disaster. He could be the worst thing since theocracy for women's rights. He could hold that only the big guys win.
And this is where I am fervently hoping that he applies that giant intellect and encyclopedic knowledge of law with fairness.
Most of all, I hope the good judge hires clerks that can be open minded too. I hope that the staff that he puts into administer the courts will consider that even clerical or ministerial details can irreversibly change the course of life for us, for our environment, for truth in business.
He can gut states rights or bring back slavery. Sure, I know the Constitution doesn't allow that, but think of what happens when no finding of injury for repetitive stress injuries, denial of medical benefits and elimination of health care for workers takes place. Then we have people working for pennies and the very work they do will cripple them.
Unsafe products? Well, bring them on. The old US of A will import anything that helps big box retailers.
Deny health care to women in the name of life, and watch lives be destroyed when a woman has to bear a child conceived in rape or incest.
In all, it is a pretty damning parade of horribles that Judge Roberts could bring to Main Street USA. And if he didn't remember that "deer in the headlights" look that Senator Feinstein caused that first day of hearings, we will all be worse off for it.
So, while I am not happy with Bush, I also know somewhere deep in my lawyer's heart (make that a recovering lawyer, I am now a professional musician) that the smallest amount of solace can be found in that look. The look that says to the world, courtesy of CSPAN, somewhere in the depth of the educated, privileged lawyer beats the heart of a human being.
And, I will hang onto that hope and solace. Even if I hang on by fingernails or a thread. There is no alternative. We will all be watching closely.