In providing the crucial fifth vote to strike down a Louisiana law requiring doctors who perform abortions to have admitting privileges at hospitals, Chief Justice John Roberts has re-enforced a longstanding theme: there is no guarantee a judge nominated by a Republican president will decide cases based on the text of the Constitution.

From the presidency of Dwight Eisenhower, who called his selections of Earl Warren and William Brennan his biggest mistakes, through George W. Bush, who gave us Roberts, inconsistency has been all too consistent a pattern when it comes to judges nominated by Republicans. Not since Justice Byron White, appointed by John F. Kennedy in 1962, has a nominee selected by a Democratic president gone against the constitutional philosophy of the left. White was one of the two dissenters in the Roe vs. Wade case in 1973. William Rehnquist, who would later become chief justice, was the other.

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Readers may email Cal Thomas at tcaeditors@tribpub.com. Look for Cal Thomas’ new book “America’s Expiration Date: The Fall of Empires and Superpowers and the Future of the United States” (HarperCollins/Zondervan).

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