Judge sent on to full Senate

The Senate Judiciary Committee voted 13 to 5 Thursday to approve Judge John Roberts' nomination as chief justice of the United States, a move experts said was generally expected.

"They all knew from the beginning that, in the absence of a smoking gun, he would be confirmed," said Jesse Choper, professor of public law at the University of California-Berkeley

A vote by the full Senate is scheduled for Monday, and analysts said the body's Republican majority should ensure an easy approval for Roberts.

Choper said Democrats will not filibuster the nomination because they realize a Republican majority might attempt to ban the practice and give the nod to Roberts anyway.

"The show was a prelude to the inevitable - that's a yes vote," said Artemus Ward, professor of political science at Northern Illinois University.

Ward said the White House got what it wanted with Roberts - an easily confirmable nominee.

"He's a slam dunk, a home run," he said. Roberts was nominated and will be confirmed because he is well-qualified, affable and noncontroversial, he added.

Thomas Hansford, professor of political science at the University of South Carolina, said the five Democratic nays in Thursday's vote showed that there would be opposition to any nominee.

Moderate Republicans such as Sen. Arlen Specter, R-Pa., would be concerned only if the next nominee is more conservative than Roberts, he said.

Of the eight Democrats on the judiciary committee, the five to cast opposing votes said Roberts' reservations against expressing his views led them to feel uncomfortable in approving him.

"Roberts did a better job of ducking questions gracefully than the others," Hansford said, referring to previous nominees.

Sen. Dianne Feinstein, D-Calif., said during Thursday's proceedings that she had several reservations about Roberts, and the confirmation hearings left her with no clearer idea of the nominee's views.

Sen. Edward Kennedy, D-Mass., said Roberts did not shed enough light on his views to warrant a vote of support.

"No one is entitled to become chief justice of the United States," he said. "Nominees must earn their confirmation by providing us with full knowledge of their values and convictions that'll bring to decisions that may profoundly affect our progress as a nation toward the ideal of equality."

Roberts' lack of an extensive paper trail and expressed opinions also could be a problem for the president, Hansford said, because the president will not be completely sure where Roberts stands on some issues.

"(Roberts is) more confirmable, but less predictable," he said.

Choper and Hansford said Democrats felt strong pressure from advocacy groups to reject the nomination.

Ward said senators spent more time grandstanding than investigating during Roberts' confirmation hearings.

"The senators missed an opportunity in the process," he said. "They had the chance to really question him on his views."

The only question now, Ward said, is how many approving votes Roberts will receive Monday.

Ward said the next nominee will be held up to greater scrutiny because the vacancy for Justice Sandra Day O'Connor's seat is considered a potential swing vote.

 

Contact the State & National Editor at stntdesk@unc.edu.