There is no questioning Judge Roberts qualifications. Harvard, clerk for Chief Justice Rehnquist, and he managed to get unanimous confirmation from one of the most partisan Senates in the history of this country.

But is he the right choice? The last Republican nominee to the Supreme Court, we were assured, was a staunch conservative who would interpret the law. Not make it from the bench. His name was David Souter. Souter was blasted during his confirmation hearings by Ted Kennedy and others on the left, today they sing his praises. So Republicans are, understandably, worried about a nominee who says Roe v. Wade is settled law, and who is otherwise a blank slate as a judge.

But I think these fears are misplaced. Conservatives(like myself) want Roe v Wade overturned. Let's be honest, that's going to take a while. And if we want an end to judicial activism can we ask for an activist of our own? There is no sign that Judge Roberts believes it is his duty to make the law, unlike Souter and the others who have decided that cities can take private property for economic developement.

Our judicial system has gone crazy. Constitutional bills are declared unconstitutional because judges disagree with the politics behind them,(think the partial birth abortion ban) and unconstitutional bills are upheld because the justices agree with them (think McCain-Feingold). A little sanity would do our country good. We have a constitution for a reason, precisely because the powers of the government- of all branches- have to be limited. If the constitution is a living document then we are saying it means whatever we want it to mean. If that is the case we can say we really don't have a written law, just the whims of the people in power.

Judge Roberts would be a step in the right direction. A step towards having a judicary that respects the law, not one that makes it. One that respects the constitution, not one that rewrites it to its whims. Let's hope that Judge Roberts is confirmed quickly, he deserves it.