Lawyers meet at pub to discuss Court changes

Supreme Court Justice Nominee John Roberts has refused to tell the public what he thinks about abortion, which is exactly what makes him a great judge, said IU Law Professor Joseph Hoffman. Hoffman, who, like Roberts is a former clerk for the late Chief Justice William Rehnquist, said he is so in favor of Roberts that he is writing an opinion column to submit to major publications. \n"The nature of judging is special from other decision making," Hoffman said. "They have to suppress their gut instincts and rule from precedents, the rule of law."\nHoffman and IU Law Professor Craig Bradley, another former Rehnquist clerk, led a discussion at The Federalist Club's "Lawyers at the Lion" meeting Tuesday night. Both professors spoke to about 35 law students and others who gathered at the Irish Lion, 212 W. Kirkwood Ave., for debate, pints of dark imports and steaming mutton pies.\n"I've gotten to know him pretty well from cocktail parties over the years," Bradley said. "He's a very fine guy, a very nice guy and is extremely well qualified for the Court. It actually surprised me that Mr. Bush would pick someone this good."\nBradley predicted Roberts wouldn't overturn Roe v. Wade, the famous 1973 Supreme Court ruling on abortion, because of his respect for precedents. \nThe confirmation hearings, filled with talk about which way Roberts will rule on hot button issues from abortion to gay rights, are missing the point, Hoffman said. They turn the issue into a "Hatfield vs. McCoy feud," which missed the point of electing a judicious Supreme Court judge such as Roberts, he said. Hoffman predicted Roberts will be a moderate judge who respects precedent and the opinions of other judges.\n"He's not a bomb-thrower. He cares about other people's points of view," Hoffman said. "In the hearings, we learned exactly what we wanted to learn about Roberts. He's judicious ... Bush stepped up in picking Roberts. He picked someone who was going to be a judicial conservative, not an injudicial conservative."\nDiscussion shifted from the wisdom of selecting a Chief Justice Roberts to their experiences as clerks for the late Chief Justice Rehnquist. Both professors painted a picture of a legal genius and great man, who had a very ordinary family life and a passion for competition.\n"He liked to bet with the other justices, over lots of things, such as how deep snow was going to fall in the courtyard," Hoffman said.\nLaw students interested in how to score such a coveted position after law school asked about both professors' interviews with Rehnquist for the job. Hoffman recalled a red-eye flight from Seattle to Washington, D.C., in which he dreamed of swishing a free throw on the "highest court in the land" to score a clerkship. The "highest court in the land" is a basketball court on the top floor of the Supreme Court building.\nHoffman's interview with Rehnquist went terribly, he said, but afterward a clerk took Hoffman on a tour of the Supreme Court building. Upon reaching the basketball court, he took a shot, swished it and told the clerk about his dream. Two days later, Hoffman said he got a call that he received the job.\nYears later, he found out the clerk had told Rehnquist about Hoffman's dream, and how he sunk the shot.