Tuesday, November 24, 2009

Nation & World

Roberts sworn in as chief justice

By Associated Press
Posted 9/29/05
Page 2 of 2

But he tempered that by saying Supreme Court justices can overturn rulings.

During four days of sometimes testy questioning by Democrats, Roberts refused to hint how he would rule on cases.

Charlie Archambault for USN&WR

"If the Constitution says that the little guy should win, then the little guy's going to win in the court before me," Roberts told senators. "But if the Constitution says that the big guy should win, well, then, the big guy's going to win because my obligation is to the Constitution."

Over and over, he has assured lawmakers that his rulings would be guided by his understanding of the facts of cases, the law, and the Constitution, not by his personal views. "My faith and my religious beliefs do not play a role," said Roberts, who is Catholic.

Roberts's confirmation brings the number of Catholics on the court to a historic high of four.

Many Democrats, even as they complained about Roberts's Reagan-era opinions and the White House's refusal to release his paperwork from the George H.W. Bush administration, acknowledged his brilliance and judicial demeanor.

"I've taken him at his word that he does not have an ideological agenda and he will be his own man as chief justice," said Sen. Patrick Leahy of Vermont, the top Democrat on the Senate Judiciary Committee.

Roberts has the potential to lead the Supreme Court for decades. Not since John Marshall, confirmed in 1801 at 45, has there been a younger chief justice.

Roberts also will hold a record of sorts–nominated to succeed two different Supreme Court justices within seven weeks. Bush originally named him to succeed retiring Justice Sandra Day O'Connor in July. Rehnquist's death led to the second nomination on September 6; O'Connor will remain on the court until the president selects a new replacement–an announcement expected soon.

Democrats already were warning the White House not to nominate a conservative ideologue to replace O'Connor.

"While this nomination did not warrant an attempt to block the nominee on the floor of the Senate, the next one might," said Sen. Charles Schumer, a New York Democrat.

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