A jolt back from Katrina to the Court. Now there are two openings. The upcoming hearings take on a whole new meaning. This is what I wrote about Katrina and Roberts on Law.com Friday:
Katrina and Roberts: connecting the dots
Katrina serves as a grim reminder of the importance of the federal government. Next week, as the senators grill Judge Roberts, I hope they'll remind him of that. The call of conservatives for handing over more power to the states is seductive. Who better to understand the needs of local communities than their local governments? However, sometimes (most times?) we need to be one nation and not 50 local communities. Disaster relief showcases this better than most.
I hope the senators will press this point next week. For you naysayers, this is not about capitalizing on tragedy for political gain. It is about the real-life implications when government is unavailable to assist because agencies are defunded, downsized and eliminated. Whether it's stripping federal courts of jurisdiction, eliminating agencies or re-reading the commerce clause or the takings clause, the activist conservative court that Bush and Co. want will only make responding to the next disaster harder. Federalism may not be as sexy as substantive due process, but as Katrina shows, it can, literally, impact you right where you live, sometimes as much as abortion or minority rights or who you can marry. This is a point that looms large in my mind, especially if Krugman is right and San Francisco is next.