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U.S. Supreme Court

A guide to Supreme rhetoric

By Times staff writers
Published July 24, 2005

	John G. Roberts Jr: Code Words to Confirmation Roberts' writings showcase political savvy and sly wit

THE LANGUAGE OF THE RIGHT

Activist judge: Republicans have used this one for years, to imply that liberal judges have gone too far.

Fair up-or-down vote: A pre-emptive strike by the Republicans, to portray a filibuster as unfair so Democrats won't attempt one on Roberts. In other words, let the Senate do its job and vote.

Legislating from the bench: A favorite of President Bush, this term implies that judges create social policy - such as legalizing abortion - with their rulings. It says the judge is not just interpreting the law but writing it.

Litmus test: Asking someone their position on controversial issues such as abortion or gay marriage. White House aides say there was no litmus test for Roberts.

Strict constructionist: Used to describe a judge willing to follow the letter of the Constitution in determining what rights it bestows or forbids, rather than viewing it as a "living document" that must be adapted to evolving social norms and law.

THE LANGUAGE OF THE LEFT

Another Scalia, Another Thomas: Democrats portray conservative Justices Antonin Scalia and Clarence Thomas as extreme conservatives and warn that Bush's nominees will be carbon copies. They are the justices that Bush says he admires most. Both oppose legal abortion.

Blank slate: A phrase to say Roberts does does not have much of a record, so he will need to be closely questioned.

Out of the mainstream: Before Roberts was picked, Democrats used this phrase to say the White House would pick someone out of touch with Middle America, to pressure Bush to pick a more moderate candidate.

Stealth candidate: This one popped up the day after Roberts was nominated. It suggests there is something devious about his lack of a record.

[Last modified July 24, 2005, 00:44:02]