I just checked my email and got this from Emily's List
Dear Melissa,
Our fear that President George W. Bush would nominate a hard-line conservative to the Supreme Court has come to pass. Bush made it clear long ago that he would choose a strict constructionist in the mold of Justices Antonin Scalia and Clarence Thomas. Federal appellate court Judge John Roberts seems to fit that bill. Bush’s choice of Roberts puts Roe v. Wade in serious jeopardy.
Here is what we know right now about Roberts and the way the confirmation process is likely to unfold.
John Roberts is an establishment conservative with strong legal credentials but, after just two years on the federal bench, a scant judicial record. Though clearly a member of the old boys’ network, he’s only 50 years old — meaning he could serve for 30 years or more on the Supreme Court. He is well-known and well-liked around Washington on both sides of the aisle. Roberts’ legal career has put him on a clear path to the Supreme Court: managing editor of Harvard Law Review, clerk for then-Associate Justice William Rehnquist, White House counsel during Reagan administration, deputy solicitor general during George H.W. Bush’s administration, corporate lawyer, and now a federal appellate judge. There is no extensive paper trail that could thwart his progress. His partisan credentials are clear: he is a member of the Republican National Lawyers Association and the Federalist Society, the far-right legal fraternity. He is considered a protégé of Ken Starr. Those who know him describe him as extremely conservative and very bright.
Our progressive allies on the Senate Judiciary Committee, including California Sen. Dianne Feinstein, will fight to uncover Roberts’ views on critical issues, particularly the right to choose. We know that, as deputy solicitor general, Roberts argued before the Supreme Court against abortion rights, declaring that Roe was "wrongly decided and should be overruled." Roberts later tried to mitigate that statement during hearings for his nomination to the federal appellate court, claiming he was merely representing his client. He said during those hearings that Roe was “settled law” — an appropriate position for an appeals court judge to take. But as a Supreme Court justice, Roberts would be in a position to interpret the Constitution and literally determine what is considered “settled law.” What are his views, especially on abortion, and how will they affect his rulings? That will be the crux of these confirmation hearings.
The White House will push for a quick confirmation. Because of Roberts’ scant record of statements and opinions, we don’t expect the hearings to last for longer than a couple of weeks. Though the Senate could start in August, we expect they will begin after Labor Day (Sept. 5).
President Bush has said he wants Roberts to be seated before the Supreme Court reconvenes in October. One obvious reason is that the Court has decided to hear arguments in an important New Hampshire case over whether laws restricting abortion must include an exception to protect a woman’s health, a critical element of Roe. This ruling could have a devastating effect on reproductive freedom — undermining the basic tenets of Roe or destroying its framework altogether.
We are watching this process very carefully and call on you to do so, as well. We will update you as new information about Roberts comes to light and the consequences of his nomination become more clear. We will keep you posted particularly on the efforts of our allies to uncover Roberts’ views. I urge you to contact your U.S. senators about this nomination and reiterate your support for protecting a woman’s right to choose.
With determination,
Ellen R. Malcolm
President