However, in the case of Roberts, Professor DeLong is wrong. John Roberts, in my reasoning, is very much a "constructionist" intellectually. He definitely approaches from the right, but his arguments are well reasoned. It's the formation of his underling assumptions, the basis of his constructionist arguments, that go against most liberal ideals.
As an instance, Roberts' famous statement: "The way to stop discrimination on the basis of race is to stop discrimination on the basis of race" is not that of a wingnut. The point, most obvious to me, is that we can't choose when it is "ok" to treat people differently based on the color of thier skin. It should never be "ok". It certainly should not be ok for segregation, but then perfectly ok for integration.
When discrimination is observed and proved (statistically, or through evidence of direct action), it should be punished and repairations made as appropriate.
This is where I disagree with President Obama. I don't not agree with his view that affirmative action is an appropriate reaction to the nations history of slavery and discrimination. As ugly as that history is, affirmative action is inherently inconsistent for the reasons above.
It's time to put our ugly history behind us, and move forward blindly, in every way, to the color of our skin.