How to Actually Defeat John Roberts & Not Just Whine About Him

In the debate over the nomination of John G. Roberts to the Supreme Court, Democrats are currently focusing on the White House's refusal to turn over various documents. There is no doubt that is troubling - but focusing on that is ultimately not going to defeat Roberts. The ordinary American casually observing politics will see that as just another cheap political tactic to make hay. The real way to go after Roberts isn't to uncover as-yet-unreleased documents, it is to pore over his very public record.

The fact is, Roberts is described by colleagues as Corporate America's "go-to lawyer." If you earn that reputation, you have most certainly defended some very shady behavior that would make most American's queasy. As just one example, the Los Angeles Times makes a mention of the fact that Roberts helped limit the Americans With Disabilities Act and prevent workers hurt on the job from getting any sort of accomodations for their injuries.

Roberts, of course, would argue that his work defending corporations that have abused ordinary people has nothing to do with his own views - and that's exactly where Democrats should want to corner him. Make him either defend his own career helping powerful interests hurt people, or make him admit he has no principles other than the pursuit of money, regardless of social cost. Either way, the guy will be exposed for what he really is: totally unqualified to be on the highest court in the land, where principles and respect for ordinary Americans is of the utmost importance.

Democrats have to elevate the battle to an argument that ordinary people can understand, not limit it to some partisan fight devoid of actual issues that people care about. Examining Roberts' long career defending monied interests is the way to get there - and it has the added credibility of playing into a narrative about the Bush administration Americans already believe is true: namely, that the White House is run by a bunch of people who regularly put corporate interests over people's interests.

It is true, Americans may grudgingly accept that all-too-close relationship between Big Business and politicians in the normal course of government business. But this is not normal government business - this is a lifetime nomination to the most powerful court in America. And if the case is made properly by Democrats, American public opinion would likely shift against Roberts and make clear there is no room for an unprincipled corporate shill on the Supreme Court.

The ball is in Senate Democrats' court. They likely know what needs to be done. The question is whether they have the guts to do it. Sen. Ted Kennedy (D) has been sounding some of these themes, so there are at least some courageous souls who are willing to go at Roberts' most disturbing traits. The question is will others follow, or will the weak-kneed within their ranks keep saying that Roberts' confirmation is essentially inevitable? Stay tuned.

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