07/20/2005 02:35 am ET | Updated May 25, 2011

John Roberts - Just Representing his Clients?

Unfortunately on TV last night, it looked like the pundit class has already confirmed the guy. Too many people seemed to have bought the White House talking points that he should not be held accountable for positions he took in private practice or briefs he signed on to as Deputy Soliciter General because he was just doing his duty as a good lawyer representing his clients.

SO LET'S BE CLEAR. A Deputy Soliciter General is not a paper-pushing, first year law associate. The Deputy is in the room with the AG, the White House Counsel and the Soliciter General when they are making the DECISIONS about what positions to take. If Roberts signed on to a brief proposing that Roe v Wade be overturned, it is because he agreed with the position.

This guy has spent too many years in public service to sign on to political positions that he disagrees with. In fact, those who know him say that his whole career has been preparing for this moment and it has come sooner than he expected. Yes, he was in private practice with a diverse group of clients. But ambitious Washington lawyers who disagree with their clients don't argue their cases before the Supreme Court.

The fact that the White House was making calls to conservative groups the day before yesterday reassuring them that they wouldn't get handed a Gonzales nomination - and then advancing more calls yesterday knowing they would be pleased with the selection - is enough information to know that the right wing got what it wanted in this processs.

Judge Roberts isn't going to answer the questions we all have at the Senate judiciary Committtee hearings. Fred Thompson has already told us all that he won't let him.

We have the nominee profile that progreesives feared.

So, if the Senate Dems don't presume he is the conservative that the right wing wanted, what were they doing gearing up for a fight in the first place?