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Received by email
Last Tuesday, President Bush nominated Judge John Roberts of the U.S. Court of Appeals to replace retiring Justice Sandra Day O'Connor on the U.S. Supreme Court. When Justice O'Connor retired, the court lost a voice of moderation. Justice O'Connor held the center of the court together, and provided the key swing vote in bold decisions by the court to protect fundamental American values. Her retirement leaves critical issues like the right to privacy, separation of church and state, civil liberties, and environmental protection hanging in the balance.
With so much at stake, the American people have a right to know if Judge Roberts will continue Justice O'Connor's legacy of moderation --or if he will be an extremist judge who will legislate from the bench and overturn the laws that protect our most basic freedoms. The truth is, we still know very little about Judge Roberts. He has been an appellate judge for only two years, and he lacks a lengthy record. While many have praised Judge Roberts, the wild adulation he has received from right wing groups should concern all of us. For instance, Judge Roberts has said that he considers Roe v. Wade to be "settled law," yet the radical anti-choice group Operation Rescue praised President Bush for "being a man of his word by appointing a judge that will respect the Right to Life." Just what does the right wing know that we don't?
Judge Roberts is a young man. At age 50, it is possible that he will sit on the court for the next 30 years or more. The stakes could not be higher. His decisions will affect generations of Americans. In the coming weeks, it will be the responsibility of the Senate under its constitutionally-mandated power of "advice and consent" to carefully and deliberately review Judge Roberts' record, temperament, and commitment to American values. As my friend and colleague Senator Leahy has said, "No one is entitled to a free pass to a lifetime appointment to the Supreme Court."
The "advice and consent" of a new Supreme Court Justice is one of the most solemn responsibilities of the United States Senate. It is critical that the American people learn about Judge Roberts' views on privacy, a woman's right to choose, civil liberties, environmental protection, and many other issues, so that we can make an informed decision about whether Judge Roberts deserves to be placed on the highest court in the land. We all have a role to play in this critical process -- you and I and millions of our fellow citizens, to examine this nomination closely and make our voices heard. That's exactly what I plan to do -- and I need you with me, every step of the way.
I'll be writing to you much more over the days and weeks ahead. Thank you for your continued support.
In Friendship,
Barbara Boxer
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