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Roberts has long stood for judicial restraint
Deseret News (Salt Lake City), Sep 11, 2005 by Edward Whelan Los Angeles Times
If the people of a state, for example, want to enact same-sex marriage through the democratic process, Justices Antonin Scalia and Clarence Thomas would defer to their decision -- as they likewise would if the people decide to retain traditional marriage. Scalia and Thomas would do so not because of any position they have on the wisdom or prudence of either policy but because they recognize that the Constitution does not authorize the courts to second-guess the political processes on such questions.
Consistent with his judicial record, Roberts' Reagan-era documents establish that he is a long-standing and committed proponent of judicial restraint. That's why all Americans who are faithful to the Constitution should support Roberts' nomination.
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Edward Whelan, a former law clerk for Justice Antonin Scalia and a former counsel to the Senate Judiciary Committee, is president of the Ethics and Public Policy Center in Washington, D.C.
Copyright C 2005 Deseret News Publishing Co.
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