With the retirement of Justice Sandra Day
O'Connor, President Bush has demonstrated sound judgment in doing one of
the most important things our presidents do: appoint Supreme Court
justices. In Judge John Roberts, President Bush has chosen an honorable
man who will faithfully apply and interpret the Constitution, draw upon
American rather than foreign law, and resist the Court's unfortunate
tendency to legislate. We can't ask for more.
To find such a nominee in today's political climate who has somehow
managed to avoid accumulating legions of enemies in Washington, academia
and the press while building an outstanding record of accomplishment and
public service is almost a miracle. We should be happy.
I met Mr. Roberts briefly more than 20 years ago in the Reagan
administration when he was an assistant to U.S. Attorney General William
French Smith and later President Reagan. Many others and I were new U.S.
attorneys at the time. My colleagues from those days thought and still
think very highly of John Roberts. From news stories, it seems that his
colleagues throughout his entire career hold that view, including his
opponents who deem him a most worthy and unfailingly courteous advocate.
In that respect, his reputation is similar to that of our own U. S.
District Judge Matthew Perry, whose incomparable courtesies and
considerations for every attorney and litigant in his court have left him
without peer or critic. It is a rare accomplishment.
After law school at Harvard, John Roberts clerked for Judge Henry
Friendly of the Second Circuit and later for Justice William Rehnquist.
After his time at the Department of Justice and the White House, he
entered private practice. Later he returned to the Department of Justice
as principal deputy to Solicitor General Kenneth Starr, which gave him the
opportunity to argue many cases before the Supreme Court.
Two years ago, upon his nomination by President Bush to the U.S. Court
of Appeals for the District of Columbia, 152 members of the D.C. bar wrote
to the Senate Judiciary Committee to note that Judge Roberts was "one of
the very best and most highly respected appellate lawyers in the nation,
with a deserved reputation as a brilliant writer and oral advocate."
Signers ranging from Democratic lawyers Lloyd Cutler and Seth Waxman to
former President George H. W. Bush's White House Counsel C. Boyden Gray
cited his "unquestioned integrity and fair-mindedness." He was confirmed
unanimously by the Senate.
As to his current nomination, the highly respected National Journal has
said that "John Roberts seems a good bet to be the kind of judge we should
all want to have -- all of us, that is, who are looking less for congenial
ideologues than for professionals committed to the impartial application
of the law."
For its part, the White House has demonstrated an unprecedented level
of consultation with senators from both parties, consulting with more than
70 senators, including every member of the Judiciary Committee and more
than two out of three Democrats. In these most positive circumstances, we
have every right to expect the Senate to provide a civil hearing, a floor
debate in which all views are heard, and a timely vote so that the Supreme
Court can convene for its fall term on Oct. 3 with all justices in place.
In sum, Judge Roberts is honored and respected for possessing a keen
intellect, sound judicial temperament, and maintaining the highest
standards of the bench and bar. He has been praised for his extensive
experience, sound legal judgment, and fair- mindedness.
He possesses all the personal and professional qualities to be an
outstanding justice. We should thank our lucky stars that he -- and men
and women like him -- are willing and prepared to accept the limitations,
pressures, and enormous responsibilities of these positions, as well as
the merciless process which leads to them.