In 2003, as M. Ted noted, Roberts said "Roe v Wade is the settled law of the land...There's nothing in my personal views that would prevent me from fully and faithfully applying that precedent."

In fact, for that very reason, some of the fire-breathing anti-abortion groups are not thrilled with him.

However, he sure does toe the business line--so laws like the Endangered Species Act stand to be progressively undermined--he has already signalled this in a recent dissent while on the DC Circuit. This is a real danger. And a lot of people may be up in arms about "Kelo", but the anti-environmentalists plan to exploit this feeling to attack the "takings" clause--now used to prevent development which puts endangered species at risk.


The worst aspect of his being chosen is that he's 50 years old--will likely be on the Court for a LONG time--30 years or so of relentless strict constructionism.

And of course he will be soon joined by another judicial spring chicken clone of Rehnquist--though my guess is that, for his second pick Bush will choose his Hispanic Texas buddy--thus assuring his place as first to pick a Hispanic. (Of course the "Religious Right" is not happy with (is it Gonzalez?) either---but where are they going to go?--and at this point, not ever facing any more elections, Bush is far more concerned with his imagined place in the history books.

But as far as fighting Roberts' nomination, unless there's a smoking gun in his private life--ain't gonna happen.