Senators Have a .. Duty to Examine .. Nominee's Full Record

[struggle4progress]

Senators Have a Constitutional Duty to Examine a Supreme Court Nominee's Full Record

Even John Roberts Recognized the Senate's Prerogative to Consider Whatever Information It Chooses

FOR IMMEDIATE RELEASE
August 19, 2005

Kelly Landis
202-822-6070



Washington, DC--In a memo written in 1986, when he was a lawyer in the Reagan White House, Supreme Court nominee John Roberts provided his view on the Senate's role in the Supreme Court confirmation process. According to Judge Roberts, "The Senate is free under the Constitution to consider whatever it cares to consider in voting on a nominee."

Alliance for Justice President Nan Aron said that Judge Roberts' comment shows that he recognized the constitutional duty of the Senate to make an independent decision about whether a nominee is qualified for a lifetime position on the Supreme Court. "We are glad to see that Judge Roberts agrees with prominent senators, including Senate Judiciary Committee Chair Arlen Specter, constitutional scholars and Chief Justice Rehnquist that the proper role of the Senate in the confirmation process is to examine a nominee's full record, not merely his professional qualifications."

The White House is still refusing to disclose documents from Judge Roberts' service as second-in-charge of the Solicitor General's Office, which plays the pivotal role of representing the legal interests of the United States in cases before the Supreme Court. Judge Roberts' position as principal deputy solicitor general was the most important, most influential job he held as a lawyer. The withheld documents cover many of the major legal policy issues the nation has faced over the past 25 years - school desegregation, voting rights, gender discrimination, abortion, environmental protection, church-state separation, access to justice and the rights of the accused. They potentially provide critical insight into Judge Roberts' views on significant areas of the law. <snip>

http://www.civilrights.org/issues/nominations/details.cfm?id=34802