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Divided Senate Democrats Confirm Roberts, Look to Next Nominee

Legal Times
September 30, 2005

With Senate Democrats split evenly down the middle, Judge John Roberts Jr. was confirmed Thursday as the nation's 17th chief justice. "Democrats have shown we can be bipartisan here," said Sen. Patrick Leahy, D-Vt. Democrats say the Roberts vote will give the party far more credibility in the upcoming fight over a replacement for retiring Justice Sandra Day O'Connor. Expected very soon, that nomination, perhaps more than Roberts', could determine the ideological balance of the Court for years to come.

Senate Confirms Roberts as Nation's 17th Chief Justice

The Associated Press
September 29, 2005

By a vote of 78-22, the Senate confirmed John Roberts Jr. as the 17th chief justice of the United States today. He replaces the late Chief Justice William H. Rehnquist, for whom he served as a clerk. Roberts is the first new Supreme Court justice since 1994. A swearing-in ceremony will take place today at the White House so Roberts can take his seat in time for the first arguments of the 2005-2006 Court term on Monday.

With Roberts a Near Certainty, Senators Turn Attention to Next Nominee

The Associated Press
September 27, 2005

With more than two-thirds of the Senate indicating plans to vote for John Roberts as the successor to the late William H. Rehnquist, the Senate concentrated Tuesday on who will be President Bush's next pick for the high court. Although 17 Democrats have said they will vote for Roberts, Republican Sen. Orrin Hatch accused Roberts' opponents of trying to get Democrats to vote against the judge "in large part to somehow send a message to President Bush as he deliberates on how to fill the remaining vacancy."

Roberts Approved 13-5 by Senate Judiciary Committee

Legal Times
September 22, 2005

The Senate Judiciary Committee on Thursday voted 13-5 to confirm John Roberts Jr. as chief justice of the United States. Three of the panel's eight Democrats voted to approve the 50-year-old appellate court judge. However, almost every Democratic member expressed dismay at Roberts' refusal to disavow 20-year-old memos he wrote while an associate counsel in the Reagan White House and a top aide in the Reagan Justice Department.

Feinstein, Kennedy to Vote Against Roberts While Leahy, Kohl to Vote For Nomination

The Associated Press
September 22, 2005

Judiciary Committee Democrats divided on Thursday over endorsing John Roberts to be the Supreme Court's next chief justice as his nomination made its way to the full Senate for confirmation. Democratic Senator Dianne Feinstein of California announced Thursday she would oppose Roberts, while Senator Herb Kohl, Wisconsin, decided to support making the conservative judge the nation's 17th chief justice. The committee is to make an official decision later on Thursday, sending the nomination to the full Senate. A vote in Roberts' favor is assured, with the panel's majority of 10 Republicans united behind him.

Sen. Leahy Announces Support for Roberts

The Associated Press
September 21, 2005

Patrick Leahy, the senior Democrat on the Senate Judiciary Committee, said Wednesday that he will vote to confirm John Roberts for chief justice of the United States. Leahy's announcement came amid virtually unprecedented executive-legislative branch jockeying over not one, but two high court openings. Moments after Leahy spoke, another Judiciary Committee Democrat, Sen. Edward Kennedy, announced plans to vote against Roberts.

Senate Democratic Leader Says He'll Vote Against Roberts

The Associated Press
September 21, 2005

Senate Democratic leader Harry Reid announced his opposition to chief justice nominee John Roberts on Tuesday, voicing doubts about Roberts' commitment to civil rights and accusing the Bush administration of stonewalling requests for documents that might shed light on his views. At the same time, two other Democrats edged toward expressions of support for Roberts, and Reid signaled he would not support any effort by die-hard critics in his own rank and file to block a vote on the nomination.

Roberts Seen as the Warm-Up in High Court Battle

The Legal Intelligencer
September 20, 2005

The nomination of John G. Roberts Jr. as chief justice of the United States gained momentum Monday as Senate Judiciary Chairman Arlen Specter announced his support. But legal scholars say President Bush faces a much tougher fight when he makes his choice for a new associate justice. Professor Gregory Magarian predicts: "Democrats can now vote for Roberts and say they played ball with the president on chief justice and now want a more moderate candidate or they will filibuster."

Guessing Games in Wake of Roberts Hearings

Legal Times
September 19, 2005

John Roberts Jr.'s three days of testimony before the Senate Judiciary Committee conveyed the demeanor and world view of a high court litigator at the top of his game: pragmatic and non-ideological. But that pragmatism leaves liberals and conservatives alike almost where they were when the hearings started -- guessing where on the political spectrum Roberts' jurisprudence would fall.

Bush to Meet With Senators Over O'Connor Seat

The Associated Press
September 19, 2005

President Bush has invited key lawmakers to a White House meeting this week to begin consultations on a replacement for retiring Supreme Court Justice Sandra Day O'Connor, officials said Friday. Bush will meet with Senate Majority Leader Bill Frist and Democratic leader Harry Reid, as well as Sens. Arlen Specter and Patrick Leahy. The meeting allows the White House to say that Bush was consulting with the Senate before announcing his nominee.

As Roberts Hearings Conclude, the Importance of a Second Vacancy Rises

Legal Times
September 19, 2005

A curious thing happened on John Roberts Jr.'s way to the Supreme Court. While his nomination suddenly grew in importance, the drama of his confirmation hearings last week diminished -- and the significance of retiring Justice Sandra Day O'Connor's newly reopened seat soared. Democrats view Roberts as roughly a swap for the late Chief Justice William Rehnquist. Consequently, the only hope now for those who want to arrest the Court's rightward drift is to focus on the second nominee.

Roberts Concludes Three Days of Testimony

Legal Times
September 16, 2005

Eliciting praise for his intellectual firepower from one of his sharpest Democratic critics, Judge John Roberts Jr. concluded his time before the Senate Judiciary Committee on Thursday by declaring his three days of testimony both "fully expansive" and "fully responsive." The committee also heard from a total of 30 witnesses, some of whom were scathing in their remarks. The final day of the Roberts hearings was one of Democratic musings. Republicans, confident that he will be confirmed, had little to say.

Roberts Says He's Been More Expansive Than Confirmed Justices

Legal Times
September 15, 2005

John Roberts Jr. moved into the second day of questioning before the Senate Judiciary Committee on Wednesday, with Democrats still complaining that the likely future chief justice remains too much of a cipher. "I do think I've been more expansive than most nominees, and those justices were confirmed," Roberts said. The committee will wrap up questioning of Roberts this morning, then proceed directly to six panels of witnesses, who will speak for and against the nominee.

Roberts: Don't Deny Media Access if Public Has It

The Associated Press
September 14, 2005

Although he described his knowledge of First Amendment law as limited, chief justice nominee John Roberts told the Senate Judiciary Committee Wednesday that government should not bar media from recording events to which the public has access, such as the Hurricane Katrina recovery effort. He also elicited laughter while responding to a question about cameras in the courtroom, saying senator-turned actor Fred Thompson told him they're nothing to be afraid of.

Roberts Challenged by Democratic Senators

Legal Times
September 14, 2005

Senate Judiciary Committee hearings Tuesday on the John Roberts confirmation were marked by withering criticism by some Democrats upset over Roberts' refusal to disavow comments he made while serving in the Justice Department and White House. Roberts also carefully refused to answer questions about any specific cases. He did, however, take sides in an ongoing debate within the Court over the use of foreign laws and precedents in deciding cases.

Roberts: Abortion Ruling 'Settled as a Precedent'

Associated Press
September 13, 2005

Supreme Court nominee John Roberts in confirmation hearings Tuesday declined to answer specific questions about abortion and voting rights, citing cases he could face on the high court. The heart of the ruling legalizing abortion is "settled as a precedent of the Court, entitled to respect under principles of stare decisis," the concept that long-established rulings should be given extra weight, Roberts told the Senate Judiciary Committee.

Roberts Pledges Judicial Humility in Opening Remarks

Legal Times
September 13, 2005

Chief justice nominee John Roberts Jr. opened his Senate confirmation hearing testimony Monday with a brief but powerful pledge of judicial humility, fair-mindedness and respect for precedent. Roberts addressed the Senate Judiciary Committee after three hours of members' opening remarks. "I come to the committee with no agenda," Roberts said. The friction on the first day of the hearings occurred largely between the senators themselves as they clashed over what the nominee should address.

Senate Begins Confirmation Hearings on Roberts Nomination

Associated Press
September 12, 2005

With the bang of a gavel, the Senate opened confirmation hearings Monday on the chief justice nomination of John Roberts, a young conservative who could shape the Supreme Court for a generation. The prospect of Roberts' leadership "would present a very unique opportunity for a new chief justice to rebuild the image of the Court away from what many believe it has become as a super-legislature and bring consensus to the Court,'' said Sen. Arlen Specter, R-Pa., the chairman of the Judiciary Committee.

Roberts as Chief Justice: Not Just One Vote out of Nine

Legal Times
September 12, 2005

As he stood before William Rehnquist's coffin last week, it seemed to sink in for John Roberts that he could soon be running the Supreme Court, rather than starting as the most junior justice, whose main special duty would have been to open the door when a knock interrupts the Court's private conferences. The new job Roberts has signed up for has sweeping, if often unstated, significance, and does not offer the chance his predecessor had to develop his conservative jurisprudence off to the side.

The Judiciary Committee's Star Turn

Legal Times
September 8, 2005

Next week's Supreme Court confirmation hearings promise to be as theatrical as Congress gets. But John Roberts will, in some respects, be a supporting actor, sharing the stage with 18 senators who view the hearings as their own star vehicle. It is a committee of extremes -- both liberal and conservative -- and of powerful egos. And there's another dynamic at play: A Supreme Court confirmation gives Congress a rare chance to tell the Court what it thinks about its co-equal branch.

Will Roberts Choose Candor or Silence Before Senate?

Legal Times
September 7, 2005

When John Roberts' confirmation hearings begin next week, the Supreme Court nominee will face a crucial dilemma: how candid should he be about his views on the law? He certainly has judicial role models for clamming up. During his hearings in 1986, Antonin Scalia refused to answer a softball question about Marbury v. Madison. In 1991, nominee Clarence Thomas denied having ever discussed Roe v. Wade as a law student. And then there's what's known as the "Ginsburg precedent."

Rehnquist Lies in Repose at High Court After Roberts Helps Carry Casket

The Associated Press
September 6, 2005

Teary-eyed Supreme Court justices and a long line of other Americans paid their last respects to William H. Rehnquist on Tuesday at the court where he served for 33 years. Among the pallbearers was his former clerk, John Roberts, the man nominated to succeed the nation's 16th chief justice. Roberts and seven other pallbearers bore the flag-draped casket up some 40 steps of the high court to the Great Hall, where public viewing will take place.

Roberts Confirmation Hearings to Begin on Monday

The Associated Press
September 6, 2005

The Senate will begin confirmation hearings next Monday for John Roberts to be Supreme Court chief justice, one week after President Bush selected him to replace the late William H. Rehnquist as the 17th leader of the nation's highest court. Senate leaders made the announcement Tuesday as Rehnquist's body lay in repose at the Supreme Court.

Chief Justice Rehnquist Dies at 80

Legal Times
September 6, 2005

The death of Chief Justice Rehnquist late on Saturday ends his historic 33-year career on the Supreme Court and presents President George W. Bush with a rare challenge to fill a new vacancy just as John Roberts Jr., his nominee to replace Sandra Day O'Connor, was about to face Senate hearings. Bush answered part of that challenge swiftly, nominating Roberts on Monday to replace Rehnquist as chief justice.

Roberts' Mystery Years in the Office of the Solicitor General

Legal Times
September 6, 2005

Even after much scrutiny of John Roberts' copious writings, one important part of the Supreme Court nominee's professional life is still a mystery. His years as principal deputy solicitor general, from 1989 to 1993, produced easily as much paper as his earlier jobs in government. But virtually all of it remains sealed, to the chagrin of Democrats and groups that oppose his nomination. Some say the tussle over the documents stems from a misunderstanding about the job Roberts held.

Supreme Court Confirmation Hearings Have Grown Tougher Over the Years

The Associated Press
September 6, 2005

When Abraham Lincoln nominated Samuel Freeman Miller to serve on the Supreme Court, an eager Senate approved him within half an hour. When Ulysses Grant tapped Edwin Stanton to fill a vacancy on the high court, he was confirmed the next day. Pointed questioning of nominees is a relatively new phenomenon in the confirmation of Supreme Court justices. Even in 1986, when Associate Justice William H. Rehnquist was nominated for chief justice, he thought he should not have to appear before the Senate.

Nominee Preps for Senate Hearing by Rehearsing Answers to Anticipated Questions

The Associated Press
September 6, 2005

For John Roberts, getting ready for this week's Senate hearings on his nomination to the Supreme Court was a lot like appearing as a lawyer before the high court: copious amounts of reading and rehearsing answers to any conceivable question that might be fired at him. Roberts' experience in 39 appearances before the Court will be key, said Supreme Court historian David Garrow. "He's likely to fly though this without anyone laying a fingernail on him," Garrow added.

Uneven Senate Treatment Has Marked Roberts' Previous Nominations to the Bench

The Associated Press
September 6, 2005

Supreme Court nominee John Roberts has received uneven treatment in the Senate since 1991, a period in which he was three times nominated to the federal appeals court. Each time, he became entangled in a wider, long-running partisan struggle between Republicans and Democrats over the judiciary. Whatever the outcome of his hearings, Roberts is no stranger to confirmation wars. Here is a short summary of Roberts' long road to the federal bench.

Roberts and O'Connor Share Same Style, Different Views

The Associated Press
September 6, 2005

Supreme Court nominee John Roberts, like Sandra Day O'Connor, is polished and popular, with a warm plainspoken style and surprising pluck. When it comes to substance, however, the two have differences that will nudge the Court to the right if Roberts is confirmed to succeed the retiring O'Connor. And those differences are on some of the hottest issues. With O'Connor's departure, the Court is divided 4-4 on abortion restrictions, campaign finance limits, discrimination laws and religion.

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