Soon to be Justice Roberts gave an incredibly valuable quote today in his Senate hearing that may have been missed by some. It is one of the clearest statements about the responsibility of a judge concerning the Constitution and Law that I’ve ever heard.
I had someone ask me in this process, I don't remember who it was, but somebody asked me, you know, "Are you going to be on the side of the little guy," and you obviously want to give an immediate answer, but as you reflect on it, if the Constitution says that the little guy should win, the little guy is going to win in court before me. But if the Constitution says that the big guy should win, well, then the big guy is going to win because my obligation is to the Constitution. That's the oath. The oath that a judge takes is not that I'll look out for particular interests; I'll be on the side of particular interests. The oath is to uphold the Constitution and laws of the United States, and that's what I would do.
Would that all judges attained to that standard.