Roberts wins bipartisan backing
Three Democrats–including ranking minority member Patrick Leahy of Vermont–joined their 10 Republican colleagues on the Senate Judiciary Committee early this afternoon and voted to send the nomination of John G. Roberts as chief justice to the floor of the Republican-controlled Senate next week, where it is expected to be approved. The committee's five other Democrats, including Edward Kennedy of Massachusetts and Chuck Schumer of New York, voted no.
The risk that Roberts may be ideologically aligned with conservative Justice Clarence Thomas, said Schumer, who noted parallels in Roberts's and Thomas's confirmation hearing responses, "is too great to bear."
Leahy, who had announced Wednesday that he intended to support Roberts's confirmation, said that his practice on the committee has been to draw the line "only at the most ideologically extreme" nominees and that after searching his conscience concluded it was "better to vote yes than no."
Democrats Herb Kohl and Russ Feingold, both of Wisconsin, joined Leahy in supporting Roberts, though they had expressed concern about the nominee during his three days of questioning last week. Roberts has "impeccable legal credentials," Feingold said, adding that after speaking with many of Roberts's colleagues and friends he concluded the former lawyer for both the Reagan and Bush I administrations "will not bring an ideological agenda" to the court.
Democrats voting against Roberts's nomination cited deep concerns about his commitment to the expansion of civil and individual rights. Dianne Feinstein of California, the committee's only woman, said she viewed some of Roberts's early writings as denigrating to women and hostile to the expansion of fundamental rights. She said during the hearings that he declined opportunities to distance himself from his early writings.
"He didn't cross my bar," she said.
President Bush is expected to wait until the Senate votes on Roberts's nomination–which will likely happen no later than Thursday next week–to make his second nomination to fill the vacancy left by retiring Justice Sandra Day O'Connor. O'Connor has said she will continue to serve until her replacement is confirmed. The fall court term begins October 3.
Much of Thursday's speechifying–as well as the divided Democratic vote–foreshadowed the coming battle over the O'Connor replacement nomination. Democrats have looked at replacing the late Chief Justice William Rehnquist with Roberts as an ideological wash but are pressing for a cultural moderate like O'Connor for her vacancy. There has been debate within the party over whether supporting the Roberts nomination would give their argument more traction with the White House.
"My hope is that the White House considers this concern," Kohl said before announcing his support for Roberts.
After today's vote, committee Chairman Arlen Specter said he believes there should be at least two women on the Supreme Court and said the question of whether the Supreme Court should maintain a balance is "profound."
"If you have a sharp turn in the court you undercut reliance, expectation, and, as Roberts would say, stability," Specter said, adding, however, that "significant deference" must be given to the president. The challenge, Specter said, is for the president to put up a nominee "as good as John Roberts."
But conservative Republicans are pushing back and demanding that the president pick a nominee in the mold of Thomas and Justice Antonin Scalia. Committee member Sam Brownback of Kansas used his time today to make his case against the right to abortion.
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