Washington – Sen. Ken Salazar wishes that President Bush had talked with Democratic senators about Judge John G. Roberts Jr. before nominating him for the Supreme Court.
And he worries about replacing one of only two women on the court with a man.
But Salazar, D-Colo., said Tuesday night it was too early to say how he would vote on the nomination or any potential filibuster.
“I’d never heard of him until tonight,” Salazar said shortly after Bush announced Roberts’ selection. “I’m not going to prejudge him.”
Meanwhile, Sen. Wayne Allard, R-Colo., strongly endorsed Roberts. Allard and Salazar would vote on the nomination if it reaches the Senate floor.
Salazar previously said it was crucial for Bush to consult with senators before sending them judges for confirmation.
Bush said he had consulted with more than 70 senators. But Salazar said consultation should have included talking to senators about specific candidates.
“The best of consultations is where there is a sharing of information that is a two-way street,” Salazar said. “I do know I was never consulted about Judge Roberts. I do not believe that my Democratic colleagues were consulted.”
Salazar was among the senators who in May brokered a deal to preserve the right to filibuster some of Bush’s judicial nominees while allowing up-or-down votes on others.
He also said it’s worrisome that the number of women on the nine-member court would go from two to one if Roberts is confirmed but that that’s not a reason to vote against Roberts.
“I do think we need to aim at having an inclusive America. The fact that there is only one woman (Justice Ruth Bader Ginsburg) on the Supreme Court is a concerning factor for me, and it should be for the rest of America,” Salazar said.
But, he said, “It doesn’t seem to me that’s a reason for disqualification.”
Allard had asked Bush to look for a nominee with a background in Western water law and other resource issues. But Allard said late Tuesday he isn’t disappointed that Roberts doesn’t have such a background.
“When I wrote the president, it was just a suggestion. I have never said we should pick a judge based on the issues,” Allard said.
“If you get someone who is well-grounded in the Constitution, then Western water law will do well because it’s administered by the states. In my view, he’d probably defer those issues to the states. He will tend to rule in favor of private property rights,” he said.
Allard firmly endorsed Roberts, praising his résumé going back to Harvard Law School. He also said he believes Roberts will stick to the law and not “create law through his own personal opinion.”
He said he had no concerns about replacing Justice Sandra Day O’Connor with a man.
“To try to place artificial barriers that keep you from picking the best candidate is wrong,” he said.
Allard noted that when Roberts was confirmed for the Washington-based appeals court in 2003, there were only three “no” votes in committee and no one objected on his final confirmation vote.
Roberts was also backed by Colorado’s Republican House members. Rep. Tom Tancredo, R-Littleton, said Bush’s judicial picks “trump all of the policy disagreements I have with him.” Rep. Marilyn Musgrave, R-Fort Morgan, called Roberts a “well-reasoned conservative.”
Rep. Bob Beauprez, R-Arvada, also strongly endorsed Roberts but noted he was something of a surprise selection.
Staff writer Mike Soraghan can be reached at 202-662-8730 or msoraghan@denverpost.com.
