Roberts confirmation begins

There was nothing extraordinary about the first day of Senate confirmation hearings for Judge John Roberts, experts say.

The Senate Committee on the Judiciary made opening statements Monday in the hearings to determine if Roberts will be the next chief justice of the United States.

"Today was a totally unsurprising day," said William Marshall, professor at the UNC School of Law. "I think Roberts did a fairly good job of presenting himself."

Roberts reiterated to the senators his commitment to interpret the laws, not legislate from the bench.

"Judges and justices are servants to the law, not the other way around," he said. "Judges are like umpires - they make sure everybody plays by the rules."

He said that he had no platform because he was not running for political office but that he is dedicated to fulfilling the position of court justice to the best of his ability.

"Judges are not politicians who can promise to do certain things in exchange for votes. I have no agenda, but I have a commitment," he said.

"If I am confirmed I will be vigilant to protect the independence and integrity of the Supreme Court, and I will work to ensure that it upholds and safeguards opportunities for all Americans."

Members of the committee had the opportunity to tell Roberts what issues they would be focusing on and to express their concerns and expectations for the remainder of the hearings.

Popular topics included constitutional privacy; discrimination against women, minorities, the elderly and the disabled; and limitations on Congress.

Sen. Dianne Feinstein, D-Calif., spent much of her allotted time discussing the constitutional right of privacy, an issue she favors.

"One of the most important issues that needs to be addressed by you is constitutional privacy," she said. "It will be very hard for me to vote for someone who would overturn Roe v. Wade."

Sandra Rierson, professor at the Thomas Jefferson School of Law in San Diego, said she expects there to be concern about his position on that issue now that he could have a hand in overturning the decision.

"I think an issue that is going to have to be discussed a lot is constitutional privacy," she said. "Previously he said he would hold to Roe v. Wade, but it is a whole new ball game when you're talking about a Supreme Court justice."

Marshall said Feinstein's pointed remarks about privacy made him think the moderates must be concerned.

There was some discrepancy about what questions could be asked and how they should be answered.

Republicans emphasized that Roberts did not need to answer all questions, but Democrats made it clear they would be asking specific questions, Marshall said.

Sen. Arlen Specter, R-Pa., said it is not appropriate for anyone to ask Roberts about how he would vote on specific cases and stressed that he can choose to answer any question as he sees fit.

In all, Rierson said that the hearings went smoothly and that both sides played the roles they were expected to play.

Both she and Marshall said the tame first day reflects that people see the situation as one ideological conservative replacing another. If Roberts were replacing the swing-vote position held by Justice Sandra Day O'Connor, there might have been more contention.

"I think there is very little question that he's going to be confirmed," Rierson said. "The left is at a loss as far as deciding what to do about this nominee.

"In respect to former Supreme Court hearings, I think this one is not going to be as interesting."

 

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