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September 19, 2005



Since I screwed up and made my initial comments about whether Roberts is a “real” lawyer, I figure I will just give out a top-ten list of things that Roberts has not done experienced would give him the perspective of a “real” lawyer. Read my initial comments here.

1. Represented a truly hated defendant. Like Gitmo detainees within 3 months of 9/11. (Representing them now doesn’t count because everyone is doing it.)
2. Gone into the lockup to talk to a client. He would have gotten bonus points for explaining to an AIDS patient why he can’t get his medicine. Even more bonus points for having that client later claim that his assistance was ineffective.
3. Been held in contempt by a judge that thinks that asserting constitutional rights interferes with practice in his courtroom. (Discovery sanctions don’t count.)
4. Faced a “frivolous” motion from an insurance company with the word “state” in its trademark.
5. Been threatened with criminal charges by an 2d-year attorney at the Justice Department.
6. Had police lie to him about where his client is.
7. Been kicked, shot, stabbed, etc. while doing his own investigation for client. (Bonus points if the police don’t seem to care.) Or, been screamed at by senior associate because of attire choices.
8. Had to turn down a case because potential clients were not pitiful enough to support oneself.
9. Considered temping. (Heck, even this makes me feel dirty.)
10. Blogged

Now, I think that Roberts is an acceptable pick for the court. However, he really has never dealt with litigation in its dirtiest forms. In fact, from the day he graduated, people have thought the “sun shown out his ass.” (And this comes from a friend of mine that claims to be an acquaintance of his.) Instead, Roberts is a beltway insider. A smart one, and his intelligence has enabled him to separate politics and “ass-kissing” from legal analysis. But, lets not pretend that he really is in touch with litigation.

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