Bush Nominated John Roberts as Supreme Court Justice

Praise on one side; questions on the other http://www.usatoday.com/news/washington/2005-07-19-roberts-reax_x.htm News analysis by Susan Page and Kathy Kiely, USA TODAY Posted 7/19/2005 9:32 PM Updated 7/20/2005 9:57 AM WASHINGTON — President Bush demonstrated Tuesday night, when he announced his choice for the Supreme Court, that he knows how to keep a secret. And that he's not afraid of a fight. John Roberts — a brainy, soft-spoken judge on the U.S. Court of Appeals for the District of Columbia Circuit — brings with him solid conservative credentials and a paper trail on abortion and civil liberties that will give opponents ammunition in a confirmation battle. Among his supporters, he is hailed as a brilliant jurist who will be a more reliable conservative vote than the retiring Sandra Day O'Connor. If he is confirmed, such controversial Supreme Court decisions as those upholding affirmative action and permitting some late-term abortions — both decided by 5-4 majorities that included O'Connor — could face more skeptical hearings and different outcomes. Bush chose Roberts despite national polls that showed most Americans favored a female nominee; even Laura Bush publicly urged that. The president tapped Roberts despite the prospect that the confirmation battle to follow will delay and perhaps overwhelm the administration's legislative agenda. Bush put aside the opportunity to make history by choosing the first Hispanic for the high court. Instead, he named a white, male judge from inside the Beltway who Bush says has a probing mind and judicious temperament. He is young enough — at age 50 — to serve on the court for decades. "The president promised us a judge along the lines of (Antonin) Scalia and (Clarence) Thomas, and he kept his promise," Tony Perkins, president of the conservative Family Research Council, said after the announcement. With Roberts, he said, "there will be a philosophical shift in the court back to where it operates within its proper boundaries and respects the proper role of legislatures." Roberts is "obviously well-respected on both sides of the aisle," Sen. Rick Santorum, R-Pa., said on Capitol Hill. He noted Democrats' willingness to confirm Roberts for the appellate court two years ago. "At a time when Circuit Court nominees were being filibustered left and right, he just really sailed through his confirmation." But Vermont Sen. Patrick Leahy, the top-ranking Democrat on the Judiciary Committee, said Roberts would not get "a free pass for a lifetime appointment on the Supreme Court." He said the standards were different for the high court than for lower ones. Sen. Charles Schumer, D-N.Y., said Roberts was "one of those nominees you have a lot of questions about." Roberts has a boyish mien, a handsome family and an Indiana upbringing. He has been at the top rank of conservative legal circles: a Supreme Court clerk for William Rehnquist, who was then an associate justice. An assistant to a Reagan administration attorney general and White House counsel. A member of the influential Federalist Society. As a lawyer arguing before the Supreme Court for the elder President Bush's Justice Department in 1991, Roberts wrote a brief that said, "We continue to believe that Roe v. Wade was wrongly decided and should be overruled." He will surely be pressed during confirmation hearings on whether that is his own view of the 1973 decision recognizing abortion rights, or if he was simply representing the views of the administration. In a decision last year, Roberts was the only appellate judge who sided with the Bush administration in a case testing the rights of American veterans of the 1991 Gulf War to sue the Iraqi government for damages. Roberts said the federal courts didn't even have jurisdiction to consider their claims. That case has been appealed to the Supreme Court. Bush could have been more confrontational by selecting the combative J. Michael Luttig of the 4th U.S. Circuit Court of Appeals or Edith Jones, an outspoken conservative on the 5th Circuit Court. With Roberts by his side Tuesday, the president noted that he had consulted with more than 70 senators before making his choice. The Senate Judiciary Committee approved Roberts for the appellate court by a vote of 16-3 two years ago. But his opponents then were Democratic heavyweights Schumer, Dick Durbin of Illinois and Edward Kennedy of Massachusetts. What's more, Democrats will be under pressure from some of their most loyal supporters, among them feminists and civil rights activists, to take a tough stance. Several liberal groups, including the Alliance for Justice, expressed concern about Roberts' record. The announcement of the nomination capped a day of intense and sometimes off-target speculation. Rumors first had the job going to Edith Brown Clement, a New Orleans-based judge on the 5th Circuit Court. By late afternoon, the betting had switched to Luttig, after a TV crew spotted him and his family at an airport looking especially well-dressed. With Roberts' nomination announced, the confirmation process will begin to unfold. Committee hearings won't begin for more than a month, in late August or early September. That will give the FBI, the American Bar Association, senators and interest groups the opportunity to comb Roberts' record and examine his background. By making the decision this week, Bush gives former Tennessee senator Fred Thompson, who is leading the administration's confirmation team, time to escort Roberts around for courtesy calls before the Senate leaves town next week for its August recess. Sen. John McCain, R-Ariz., said senators in the so-called Gang of 14 — the bipartisan group that has tried to avoid a showdown over judicial filibusters — plan to meet in the next day or so to discuss the nominee and their options. Bush called on the Senate to confirm Roberts before the court reconvenes Oct. 3. But that isn't ensured, and Leahy said there was "no magic about that date." In their initial reactions, leaders of both parties avoided looking eager for a fight, even while interest groups were poised for a multimillion-dollar political war. One veteran of past Supreme Court nomination fights, Sen. Orrin Hatch, R-Utah, suggested the public could react negatively to another all-out court battle. "The American people are sick of it," he said. Contributing: Oren Dorell, Mark Memmott ---------------------------------------------------------------------------------- Reactions to President Bush's nomination of John G. Roberts to the Supreme Court: 'The president has chosen someone with suitable legal credentials, but that is not the end of our inquiry. The Senate must review Judge Roberts' record to determine if he has a demonstrated commitment to the core American values of freedom, equality and fairness.' — Senate minority leader Harry Reid, D-Nev. "Judge Roberts is an exceptional judge, brilliant legal mind, and a man of outstanding character who understands his profound duty to follow the law." — Sen. John Cornyn, R-Texas. "I look forward to a full process, a direct vote up or down of a majority, not a supermajority, and also really a healthy debate about the role of the courts." — Sen. Sam Brownback, R-Kan. "Who knows about this guy?" — Sen. Tom Harkin, D-Iowa. "I can't help but think that he will continue to impress as a person of fairness, thoughtfulness and just the kind of judge who will bring a nonpolitical approach to judging. ... I think he's going to be well received." — Sen. Jeff Sessions, R-Ala. "He's brilliant. ... He's someone who is I think obviously well respected on both sides of the aisle. At a time when circuit court nominees were being filibustered left and right, he just really sailed through his confirmation. Given that, I think the president did what he promised during the campaign. He looked for the best and the brightest and he chose someone who would meet the test, the high test, that Supreme Court justices would be required to meet." — Sen. Rick Santorum, R-Pa.