{"id":1473,"date":"2005-07-22T19:10:00","date_gmt":"2005-07-22T19:10:00","guid":{"rendered":"http:\/\/sustainablog.greenoptions.com\/2005\/07\/22\/judge-roberts-environmental-record\/"},"modified":"2005-07-22T19:10:00","modified_gmt":"2005-07-22T19:10:00","slug":"judge-roberts-environmental-record","status":"publish","type":"post","link":"https:\/\/sustainablog.org\/articles\/judge-roberts-environmental-record\/","title":{"rendered":"Judge Roberts’ Environmental Record"},"content":{"rendered":"
First, let me say that it’s been heartening to see environmental issues coming up frequently in discussions of Judge John Roberts’ nomination to the Supreme Court. While the Supreme Court has a lot of power to determine the fate of environmental regulations, I wasn’t sure that these issues would receive the prominent attention they’re getting in the mainstream media and the political blogosphere.<\/p>\n
ENN has published an overview<\/a> of Roberts’ published statements and positions on environmental claims, and I tend to agree with the environmental lawyers quoted that he has a troubling history in this area. While this article quotes various cases Roberts was involved in as both judge and attorney, I don’t find any of those particular opinions as worrisome as his acceptance of the broader notion that citizens must demonstrate “injury-in-fact” in order to bring suits on environmental protection (a position espoused by every progressives’ least favorite SCOTUS member, Antonin Scalia). This is a direct attack on the concept of the commons, and represents part of a worrisome trend to, well, privatize everything. Furthermore, it’s a direct slap in the face of sustainability, as proponents of that concept (yours truly included) argue for maintaining resources for future generations — under the concept of injury held by Roberts, sustainability is invalidated as a cause for legal action. While Roberts is doing a hell of a job on his charm offensive through Capitol Hill, I hope Senators are taking note of such positions and considering their ramifications on a whole host of issues. It’s hard to believe, given the record, that Judge Roberts wouldn’t support further attempts to privatize every element of our society (except, of course, women’s bodies…).<\/p>\n Of course, I’m not a lawyer or legal scholar, so feel free to enlighten me…<\/p>\n Technorati tags: Supreme Court<\/a>, John Roberts<\/a>, environmental law<\/a><\/p>\n