Blame Bush but not Roberts

Michelle Malkin reports that President Bush is said to be lobbying for the Native Hawaiian Government Reorganization Act of 2005 (aka the Akaka Bill), which would give Native Hawaiians the same rights of self-government, as indigenous people, that American Indians now enjoy. This new race-based government would have jurisdiction over 20 percent of Hawaii’s citizens as well as 400,000 citizens nationwide. I agree with Michelle and Tim Chapman that this may be the worst bill you’ve never heard of.
Michelle is also concerned that Roberts argued on behalf of the state of Hawaii in favor of a blatantly discriminatory Hawaiian-only restriction for voting in a statewide Hawaiian election. The Supreme Court rejected Hawaii’s position and struck down the restriction. Hawaii’s position was an abomination, but I’m not concerned that Roberts, as the lawyer Hawaii hired, supported it. I think his memos on racial quotas while in the Justice Department are far more indicative of his views on the subject.
Nor am I concerned if, as the Los Angeles Times reports, Roberts helped lawyers in his firm who were arguing before the Supreme Court, in a pro bono representation, that the Constitution protects people from discrimination because of their sexual orientation. Roberts was the lead attorney in his firm’s appellate practice. I consider it natural that he would assist his colleagues in a matter like this. The legal position Roberts was helping his firm (and other attorneys involved in the case) advance regarding what the Constitution does and doesn’t protect was wrong, I believe, as a matter of law. However, it was not immoral.


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