Reply #41: Judge Roberts is a judicial activist with views far outside the mainstream

[Czolgosz]

Judge Roberts is far outside the mainstream with respect to his exceedingly narrow views of the first amendment and Congress’s authority to pass nationwide legislation that only indirectly affects interstate commerce (see his decision in Rancho Viejo v. Norton and his briefs in US v. Eichman, Lee v. Weisman, Bray v. Alexandria Women's Health Clinic). Conservative judges generally refrain to the greatest extent possible from making law from the bench (i.e., they will not be quick to disregard Congress's legislative authority based on non-mainstream theories and they will respect stare decisis rather than ignoring past legal decisions which have already resolved a particular legal issue). By this measure, Judge Roberts is not a conservative; to the contrary, he is very much a right-wing activist. Judge Roberts is Robert Bork with a blow-dry haircut.