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got this email this morning, any comments?
Dear Mr. XXXXXX:
Thank you for contacting me about the nomination of Judge John G. Roberts, Jr. to the Supreme Court of the United States . I appreciate hearing from you.
I take my constitutional responsibility with respect to advice and consent seriously. I am one vote out of 100, but I recognize that I am entrusted with protecting the rights of nearly 620,000 Vermonters as well as the 280 million other citizens of our nation.
I want a Supreme Court that acts in its finest tradition as a source of justice. The Supreme Court must be an institution where the Bill of Rights and human dignity are honored.
The Chief Justice is responsible for the way in which the judicial branch administers justice for all Americans. He must know in his core that the words engraved in the Vermont marble on the Supreme Court building are not just "Under Law" but "Equal Justice under Law." It is not just the rule of law that he must serve, but the cause of justice under our great charter.
I have not been entirely pleased with the nomination process thus far. Though Chairman Specter and I worked together to hold efficient and fair hearings, I have been extremely disappointed by the lack of cooperation from the Administration. There could and should have been consultation with the Senate on the nomination of someone to succeed Chief Justice Rehnquist and to serve as the 17th Chief Justice of the United States. There was none. The Bush Administration committed another disservice to this nomination by withholding information that has traditionally been shared with the Senate. The Administration treated Senators' requests for information with little respect. They stonewalled entirely the narrowly tailored request for a selection of Roberts' work papers from his time at the Office of the Solicitor General. The precedent from Chief Justice Rehnquist's hearing and others of course goes the other ! way.
For these and other reasons, the nomination of Judge John Roberts to be Chief Justice of the United States presented a close question and one that I had to carefully weigh and decide. This is a question that holds serious consequences for all Americans, today and for generations to come. I have approached this nomination with an open mind, as I do with all judicial nominations.
I made no secret of my concerns about this nomination. In advance of the hearing, I met twice with Judge Roberts and for nearly three hours in all, raised my concerns. I provided him additional opportunities to respond during the hearing. I told him that I was concerned that he would undercut fundamental rights of privacy or equal protection. However, Judge Roberts assured me in his testimony that he recognizes Roe v. Wade and Planned Parenthood v. Casey as established precedents of the Supreme Court that are entitled to respect. I told him that I was concerned that he would not act as an effective check on the abuse of presidential power. However, over the course of our meetings and the hearings, he assured me that he can and will act as a check on the executive branch when necessary and will respect congressional authority.
In my judgment, in my experience, but especially in my conscience, I find it is better to vote for John Roberts than against him. Ultimately, my Vermont roots have always told me to go with my conscience, and they do so now.
Judge Roberts is a man of integrity. I can only take him at his word that he does not have an ideological agenda. For me, a vote to confirm requires faith that the words he spoke to us have meaning. I can only take him at his word that he will steer the court to serve as an appropriate check on potential abuses of presidential power.
I respect those who have come to different conclusions, and I readily acknowledge the unknowable at this moment, that perhaps they are right and I am wrong. Only time will tell whether Judge Roberts proves to be the kind of Chief Justice he says he would be, if he truly will be "his own man." I hope and trust that he will be.
Thank you again for contacting me. Please keep in touch.
Patrick Leahy UNITED STATES SENATOR
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