By By Brian Bohl

Harry Reid, the Nevada Senator and one of the most prominent Democratic leaders, said on Tuesday he would not support Judge John G. Roberts Jr. as chief justice. Since Supreme Court nominees are selected by President Bush, it is not a surprise Reid would be skeptical of Roberts, but if he does not change his mind, the decision could do damage to his party in the long run.

Roberts, while far from a left-leaning justice, has done well in his conformation hearing. He’s offered what appears to be a sincere promise to hear cases with an open mind and not rule based on ideology. He has stated on numerous occasions that he regards judicial precedent in the highest regard, especially when it comes to the all important 1973 abortion rights case of Roe v. Wade. While it is impossible to say with certainty what Roberts feels, there seems to be no credible evidence not to take him at his word. With a second court vacancy opening after the passing of William Rehnquist, Reid and fellow Democrats should save their political capital and allow Roberts to be confirmed.

Ideally, a chief justice should serve time on the court as an associate first, but considering the circumstances, the Democrats could have been saddled with a much more conservative candidate. No nominee will ever tell the Judiciary Committee how they would rule in a potential case during the conformation process, but Roberts’ insistence that Roe is a firmly held precedent is about as much assurance as Democrats could reasonably expect.

Reid acknowledged he made a list of potential nominees he thought questionable, but Roberts was not included. According to the New York Times, that list was delivered to the Bush administration, making Reid’s stance now irrational. If Roberts was deemed acceptable before the conformation process, his presentation to the committee should not be grounds to exclude him now.

The main objective for Democrats in the selection process is to ensure a moderate candidate is chosen. Bush will not appoint a liberal justice under any circumstances, so a judge that has a record more to the right is a given. Roberts does not fit in the Antonin Scalia and Clarence Thomas hard right wing balance of the court, which means he is a viable candidate to be the moderate in the mode of Sandra Day O’Connor.

The attention of the Democratic Party should turn to the second vacancy opened on the court. From a public relations standpoint, they can probably only get away with one knock out conformation battle. Popular opinion will not be favorable if they feel a qualified candidate is being withheld conformation based on pure party politics. Roberts’ profile warrants inspection for Democrats, but not outright refusal of consideration.

Bush’s approval ratings have plummeted, so the leverage he has in the process has been weakened. The Democrats would be in a solid position to put up a fight against a nominee that is not a moderate in the second opening if they don’t stand in the way of Roberts. When a party is the minority, they need to pick their battles. Reid and the rest of the Democrats shouldn’t make Roberts their cause. Save the bullets for the upcoming fight.