The Roberts nomination remains Topic A, but it’s a more quiet front than one might have expected.
Evan Thomas and Stuart Taylor have a lengthy piece in Newsweek suggesting that Roberts will be a “case-by-case” Justice in the Anthony Kennedy mode. Though not an ideologue, I don’t think Roberts will be anywhere near that unmoored. This transcript from the PBS Newshour in 1997 is another small piece of evidence in favor of that belief. Via Jack Lewis and The Volokh Conspiracy.
Then there is Judge Roberts’ dissent, in an opinion issued on Friday. The case involved the constitutionality of a police search. Roberts concluded, correctly in my view, that the search was constitutional. Here are the key excerpts:
Sometimes a car being driven by an unlicensed driver, with no registration and stolen tags, really does belong to the driver