Thursday, February 23, 2006

Liking Chief Justice Roberts ... A Lot

Chief Justice John Roberts has, so far, turned out to be just the sort of Supreme Court Justice I had hoped he would be. Here's the most recent example of why that is:
Roberts, Scalia See Limits to the Reach of Clean Water Act

WASHINGTON —
The Supreme Court, led by Chief Justice John G. Roberts Jr., gave a skeptical hearing Tuesday to the government's contention that it has broad powers to block development on private wetlands that are far from rivers or bays.

The Clean Water Act gives federal authorities the power to protect the "navigable waters of the United States," but the high court is reconsidering whether that power extends to wetlands and small streams.

Roberts and Justice Antonin Scalia sharply questioned U.S. Solicitor General Paul D. Clement, who defended the broad reach of the law. Both said they thought there must be a limit to the reach of federal authority.

Scalia said it was "absurd" and "extravagant" to claim that ditches and storm drains were part of the navigable waters of the United States.

There must be a point where the law "says, 'Stop,' " Roberts said. Otherwise, "every drop of water" on any field or farm in America is subject to federal jurisdiction, he said.


(emphasis added)
My Comments:
Now, that's what I call a Justice "in the mold of Scalia and Thomas".

1 Comments:

At 2/25/2006 7:36 PM, Anonymous Anonymous said...

It's nice to see his name popping up with Scalia and Thomas repeatedly. Let's hope it continues with the really important stuff, which the Roberts court has yet to really deal with.

 

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