The Challenge Facing Roberts ; Senate Hearings Can Make or Break Supreme Court Nominees

By Gail Russell Chaddock writer of The Christian Science Monitor | The Christian Science Monitor, September 12, 2005 | Go to article overview

The Challenge Facing Roberts ; Senate Hearings Can Make or Break Supreme Court Nominees


Gail Russell Chaddock writer of The Christian Science Monitor, The Christian Science Monitor


John Roberts's appearance Monday at the historic Senate Caucus Room - marking the start of his confirmation hearings to be the 17th chief justice of the United States - begins the official conversation about his fitness for this lifetime appointment.

He will face 18 senators (10 Republicans and eight Democrats). But the hearings are also a conversation with the American people about two branches of government - Congress and the high court - that seem increasingly at odds with each other.

Though the center seat on the bench is a higher profile position than the one President Bush asked Judge Roberts to fill when he was first nominated 55 days ago, the political stakes are lower. If confirmed as chief justice, Roberts will replace another conservative (William Rehnquist), not the crucial swing seat to be vacated by retiring associate justice Sandra Day O'Connor.

Roberts is the picture-perfect nominee: brilliant, accomplished, every hair in place, and prepared. But what determines his future is how he performs in this week's hearings before the Senate Judiciary Committee.

Reagan nominee Robert Bork, the leading conservative constitutional jurist of his day, seemed invincible going into his 1987 hearings, but his responses - and a fierce campaign against him by outside groups - lost him key moderate votes, and the nomination failed. Subsequent nominees learned from the Bork fiasco.

"It's Roberts's nomination to lose. He needs to please the Republican conservative base and more-centrist Democrats," says Sheldon Goldman, an expert on judicial confirmations at the University of Massachusetts at Amherst. "If he comes across as an ideologue - as anti-civil rights, anti-women's rights - he will lose. If he stonewalls, he's finished. But it's inconceivable ... that he will open himself up like that."

Though he has just two years' experience on the federal bench, Roberts is well known in Washington and no stranger to high court confirmation fights. In 1981, as a new aide in the Reagan Justice Department, he coached Justice O'Connor for her confirmation hearings. His advice: "Avoid giving specific responses to any direct questions on legal issues likely to come before the court," but demonstrate "a firm command of the subject area and awareness of the relevant precedents and argument. …

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The Challenge Facing Roberts ; Senate Hearings Can Make or Break Supreme Court Nominees
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