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Bush nominates Roberts for Supreme Court
(Agencies)
Updated: 2005-07-20 11:15

US President Bush named federal appeals court judge John G. Roberts Jr. to a seat on the Supreme Court Tuesday, delighting Republicans while unsettling some Democrats with the selection of a young jurist with impeccable conservative credentials.

"John Roberts has devoted his entire professional life to the cause of justice," Bush said in a prime-time announcement at the White House, "and is widely admired for his intellect his sound judgment and his personal decency."

If confirmed by the Republican-controlled Senate, the 50-year-old Roberts would succeed retiring Justice Sandra Day O'Connor, who has long been a swing vote on a court divided narrowly on issues such as abortion, affirmative action, states' rights and the death penalty.

Roberts stood at Bush's side as the president heaped praise on him, calling him "one of the finest legal minds" in the country.

President Bush arrives with federal appeals court judge John G. Roberts Jr., his nomination to replace retiring Justice Sandra Day O'Connor, Tuesday, July 19, 2005, at the White House in Washington.
US President Bush arrives with federal appeals court judge John G. Roberts Jr., his nomination to replace retiring Justice Sandra Day O'Connor, Tuesday, July 19, 2005, at the White House in Washington. [AP]
The president said he had recently spoken with Senate leaders of both parties and said they "share my goal" of confirmation proceedings conducted with dignity and fairness.

In brief remarks, Roberts said it "is both an honor and very humbling to be nominated to serve on the Supreme Court." He said he has argued numerous cases before the high court during his career, adding, "I always got a lump in my throat whenever I walked up those marble steps to argue a case before the court, and I don't think it was just from the nerves."

The Harvard-educated Roberts learned of his selection in a lunchtime phone call from the president, according to administration officials. White House aides arranged for a prime time formal announcement as they sought the widest possible audience for a president making his first pick to the court — and the nation's first in more than a decade.

Initial reaction from Republicans was strongly in favor of Roberts. Sen. Jeff Sessions of Alabama called him a "fabulous nominee" and predicted that if confirmed, he would "bring a nonpolitical approach to judging."

Sen. Rick Santorum, a leading conservative, called him "brilliant.

Democratic reaction was more measured, but initially at least, offered no hint of a filibuster. "The president has chosen someone with suitable legal credentials, but that is not the end of our inquiry," said Senate Democratic leader Harry Reid of Nevada. Referring to planned hearings in the Senate Judiciary Committee, Reid said, "I will not prejudge this nomination. I look forward to learning more about Judge Roberts."

"Who knows about this guy?" said Sen. Tom Harkin.

The abortion rights group NARAL Pro-Choice America immediately announced its opposition to Roberts.

Bush has said he wants his pick confirmed and seated on the bench by the time the court convenes for its new term in October. Hearings are likely in late August or early September.

Roberts has already won Senate confirmation once before — he was approved in 2003 when the president named him to his current post on the U.S. Court of Appeals for the District of Columbia Circuit.

His professional resume also includes a turn as clerk to William H. Rehnquist, who is 80 and battling thyroid cancer but recently affirmed his intention to remain as chief justice as long as his health allows.

Advocacy groups on the right say that Roberts, a native of Buffalo, N.Y., who graduated with honors from Harvard Law School in 1979, is a bright judge with strong conservative credentials he burnished in the administrations of former Presidents Bush and Reagan. While he has been a federal judge for just a little more than two years, legal experts say that whatever experience he lacks on the bench is offset by his many years arguing cases before the Supreme Court.

Liberal groups, however, say Roberts has taken positions in cases involving free speech and religious liberty that endanger those rights. Abortion rights groups allege that Roberts, while deputy solicitor general during former Bush's administration, was hostile to women's reproductive freedom and cite a brief he co-wrote in 1990 that suggested the Supreme Court overturn Roe v. Wade, the landmark 1973 high court decision that legalized abortion.

"The court's conclusion in Roe that there is a fundamental right to an abortion ... finds no support in the text, structure or history of the Constitution," the brief said.

In his defense, Roberts told senators during his 2003 confirmation hearing that he would be guided by legal precedent. "Roe v. Wade is the settled law of the land. ... There is nothing in my personal views that would prevent me from fully and faithfully applying that precedent."

While he doesn't have national name recognition, Roberts is a Washington insider who has worked over the years at the White House, Justice Department and in private practice.

In the Reagan administration, Roberts was special assistant to the attorney general and associate counsel to the president. Between 1989 and 1993, he was principal deputy solicitor general, the government's second-highest lawyer, who argues cases before the U.S. Supreme Court.

It was Rehnquist who presided over the swearing-in ceremony when Roberts took his seat on the appeals court for the District of Columbia. It took a while for Roberts to get on the bench. He was nominated for the court in 1992 by the first President Bush and again by the president in 2001. The nominations died in the Senate both times. He was renominated in January 2003 and joined the court in June 2003.

Roberts' nomination to the appellate court attracted support from both sides of the ideological spectrum. Some 126 members of the District of Columbia Bar, including officials of the Clinton administration, signed a letter urging his confirmation. The letter said Roberts was one of the "very best and most highly respected appellate lawyers in the nation" and that his reputation as a "brilliant writer and oral advocate" was well deserved.

"He has been a judge for only two years and authored about 40 opinions, only three of which have drawn any dissent," said Wendy Long, a lawyer representing the conservative Judicial Confirmation Network, adding that his record appears to suit Bush's desire to nominate a judge who will apply the law, as written, and leave policy decisions to the elected branches of government.

Advocacy groups on the left and the right already are gearing up for a fierce lobbying campaign in advertisements on television, radio, newspapers and the Internet. The battle is expected to cost tens of millions of dollars in spending by private groups.

Roberts was one of five prospective nominees whom Bush met with between Thursday and Saturday, according to a senior administration official who provided details of the selection.

This official said Bush's meeting with Roberts was in the sitting area of the residence so that they could get to know each other in a comfortable setting. The president's dogs, Barney and Miss Beazley, were under foot.

To meet with Bush and his advisers, Roberts shuttled back and forth across the Atlantic from London where he was teaching a class.

Bush did not ask Roberts any questions about abortion, gay marriage or other specific issues that might come before the Supreme Court, the official said.



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