Riiiight. They are like OJ Simpson trying to find the real killer! Oh sure, “Narrowed it it down.” Uh-huh. Whatever. <yawn>
And how totally full of crap is Nina Totenberg? She is NOT a reliable source. At all. “Leading theory” my butt! What color is the sky in her world?
SPOILER: The “investigation” is all a big farce. All sound and fury, meaning absolutely nothing.
The bottom line is that Roberts is simply unwilling to finger a Lefty Justice. He thinks it will damage the court. And all the Kabuki theater in the world won’t change that one little bit.
But here is what I think: Roberts, in fact, does more to damage the court by letting Sotomayor whoever skate on this than he would by upholding the long-held norms. He has shown that when push comes to shove, politics wins out over the law in this court.
Maybe this is a one-off thing. I mean there IS no other issue that is both so culturally powerful and so obviously wrongly-decided (from a legal perspective).
So with Roe gone, maybe the noose is off our necks. Maybe now there is much less of a temptation for the court to turn itself into a mini-legislature.
My guess is that THAT is Roberts’ thinking–like the 70s, it was ALL ugly. But those times are gone so let’s just pretend they never happened and that there are not some very unfortunate photos of loved icons in their youth. Just move on…