| Nominee: John Roberts |
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Last week (July 18-22, 2005), press aides at the
White House made a furious round of phone calls: a number of major
newspapers had printed that John Roberts was a member of the secretive
far-right Federalist Society. Roberts denied "recalling" that
he was a member, and so the White House demanded a correction. Retractions
were printed. But just this morning (July 23, 2005), The Washington Post
released an internal directory proving Roberts served on the steering
committee of the Washington Federalist Society chapter.1 This is not an isolated episode. The White House is banking on a strategy of hiding Roberts' right-wing views and focusing on his non-confrontational personality.2 And so far, most newspapers and networks have bought in, spending a lot more time speculating about how easily Roberts will be confirmed than doing the investigative reporting that the country deserves.3 To get more of the real journalism this issue demands we're going to have to ask for it. Roberts' record as a right wing partisan and corporate advocate poses many concerns about how his confirmation would threaten core rights. Here are some direct questions that we could use some better reporting on: 1) How would his years advocating, lobbying and then ruling in favor of corporate power affect his defense of the public interest? What is known: As a corporate lawyer Roberts fought to gut the Americans with Disabilities Act, denying lawful accommodation for workers injured over time as part of their job.4 2) How would Roberts affect privacy rights currently protected by the constitution? What is known: Roberts argued to the Supreme Court that Roe v Wade should be "overruled".8 3) How would Robert's partisan allegiance affect his judgment? (For example in cases like Bush v. Gore) What is known: He advised Jeb Bush during the Florida recount debacle.11 Roberts' stealth candidacy for the Supreme Court is particularly dangerous because his personal qualities can be used to conceal a very hard line judicial philosophy. Here's how commentator E.J. Dionne put it: "Judge John G Roberts Jr.. could turn out to be Antonin Scalia with a Washington Establishment smile... And he is David Souter turned on his head—a stealth candidate whose winning personality disguises intense conservatism, not moderation. Roberts could move the court well to the right yet grin his way through the confirmation process....All of which means that the next two weeks will be crucial in determining how the Roberts confirmation battle goes."17It's also important to remember that facts of Roberts' record that are already clear were more than sufficient to earn him immediate endorsements on the far-right—even from many of the same people who said Alberto Gonzales was far too liberal: The violent anti-choice group Operation Rescue said, "We pray that Judge Roberts will be swiftly confirmed."18Tony Perkins of the ultra-conservative Family Research Council said "The resident ... promised to nominate someone along the lines of a Scalia or a Thomas and that is exactly what he has done."21 The more facts that come out about Roberts' record, the clearer the danger he poses to our rights and freedoms. It's vital that the news media get back to the hard work of collecting and reporting on the facts of his record. We are facing the prospect of 30 or 40 years of Roberts on the Supreme Court, and we must apply the highest standard of scrutiny. ____________________________________________________________________________________________ Sources: 1 The Washington Post, "Roberts Listed in Federalist Society '97-98 Directory," July 25th 2005 http://www.moveon.org/r?r=812 2 The White House has already said it intends to deny Senate requests for information about Roberts work for the Reagan and Bush administration that would clarify his role in undermining the Voting Rights Act, among other key issues. See: The Associated Press, "White House Won't Show All Roberts Papers," July 24th 2005 http://www.truthout.org/docs_2005/072405X.shtml 3 The day after Roberts was nominated the President's spin appeared as news headlines across the country, like "Roberts is Well Liked"[3a] "Not a Battle"[3b] "Nominee Known for his Modesty."[3c] That day over 40 separate articles mentioned his son's televised antics during the nomination, while less than 10 cited what was probably the most significant opinion he wrote as a judge—one that seriously threatens vast swaths of environmental protections, workers rights, and civil rights.[3d] [3a] Knight Ridder/Tribune News Service, "Roberts is well liked, but his judicial record isn't clear," July 20th, 2005 http://www.moveon.org/r?r=824 [3b] The Los Angeles Times, "A Fight, Maybe, but Not a Battle; Roberts should appeal to staunch conservatives yet be insulated from fierce opposition," July 20th 2005 http://www.moveon.org/r?r=813 [3c] Ventura County Star, "Highly Regarded Nominee Known for his Modesty," July 20th 2004 http://www.moveon.org/r?r=814 [3d] Lexis-Nexis search for articles posted on July 20th, 2005 with the terms "John Roberts and Viejo" and "John Roberts and Jack". 4 The Associated Press, "Atty. Roberts Often Worked for Industry," July 21st 2005 http://www.moveon.org/r?r=815 5 The Los Angeles Times, "A Resume Strong on Business," July 22nd 2005 http://www.moveon.org/r?r=816 6 The New York Times, "As a Lawyer, Court Nominee Was Considered a Skillful Advocate for Corporate Clients," July 21st 2005 http://www.moveon.org/r?r=825 7 New Orleans Times Picayune, "Hapless toad' case fuels fears of Roberts' foes," July 22nd 2005 http://www.moveon.org/r?r=817 8 The Associated Press, "Roberts, on the issues," July 24th 2005 http://www.moveon.org/r?r=818 Roberts actual argument can be found in: "Brief for the Respondent at 13, Rust v. Sullivan, 500 U.S. 173 (1991) 9 The New York Times, "In Pursuit of Conservative Stamp, President Nominates Roberts," July 20th, 2005 http://www.moveon.org/r?r=819 10 Data from Federal Election Commission http://newsmeat.com/judiciary_political_donations/John_G_Roberts.php 11 The Miami Herald, "Roberts Gave GOP Advice in 2000 Recount," July 21st 2005 http://www.moveon.org/r?r=826 12 Roberts, serving as Deputy Solicitor General under President Bush Sr. argued to the Supreme Court for the unconstitutional criminalization of flag burning as political speech. See: The Los Angeles Times, "Bush Leans Right in Court Pick," July 20th 2005. http://www.moveon.org/r?r=820 13 Also as deputy solicitor general in the first Bush White House, Roberts drafted a key legal brief urging the Supreme Court to scrap decades of settled church-state law and uphold school-sponsored prayer at public school graduation ceremonies and other forms of government-endorsed religion. See: Americans United for Separation of Church and State, "Senate Should Reject Confirmation Of John G. Roberts To Supreme Court," http://www.moveon.org/r?r=821&id= 14 The Boston Globe, "Civil Rights Groups Cite Concerns Over Roberts," July 22nd 2005 http://www.moveon.org/r?r=822 15 The Capital Times, "Bush Picks and Activist," July 20th 2005 http://www.moveon.org/r?r=827 16 The Nation, "The Stakes in Roberts' Nomination," July 20th 2005 http://www.moveon.org/r?r=828 17 The Washington Post, "Beware the Charm of Judges", July 21st 2005 http://www.moveon.org/r?r=823 18 The Los Angeles Times, "Supreme Court nominee's wife an anti-abortion voice," July 23rd 2005 http://www.chron.com/cs/CDA/ssistory.mpl/nation/3278758 19 Newsmax.com "Dobson: 'Roberts Unquestionably Qualified," July 20th 2005 http://www.newsmax.com/archives/ic/2005/7/20/201458.shtml 20 The Free Lance-Star, "Virginians rate Roberts' record," July 21st 2005 http://www.fredericksburg.com/News/FLS/2005/072005/07212005/116430 21 The New York Times, "The Strategy for a Successful Nomination: Disarm Opposition," July 20th 2005 http://www.nytimes.com/2005/07/20/politics/politicsspecial1/20bush.html |