Peppered with questions about his views on abortion, the separation of church and state, his own Catholic faith, the War Powers Act and a string of youthful memos, Judge John Roberts often was evasive in yesterday’s kickoff to his confirmation hearings to become chief justice of the U.S. Supreme Court.
But when he was forthcoming, his answers were reassuring, sometimes scoring points with skeptical members of the Senate Judiciary Committee. Charles Schumer, D-N.Y., who opposed Roberts’ 2003 appointment to the appeals bench, said he was pleasantly surprised by some of Roberts’ comments, troubled by others.
Roberts’ comments on precedents were heartening as he bid for support from moderate senators who might not be spooked by his conservative pedigree and tart memos, so long as he pledged an independent-minded approach as the nation’s top jurist.
Roberts fended off matters he said could come before the court. Overall, he displayed the even temperament needed to lead the Supreme Court and stressed that he believes in a limited role for judges, that he’d never legislate from the bench, that he’d approach cases with an open mind, that he’d bring no personal agenda and that he’d keep faith with the Constitution.
We admired the direct way Judiciary Chairman Arlen Specter, R-Pa., approached the court’s most contentious public issue: In the first minute, he asked, what about Roe vs. Wade? Roberts handled the question as if he were running for office, disarming the skeptics by saying that Roe already is settled law, and “well beyond that, it is settled as a precedent of the court entitled to respect under the principle of stare decisis,” a Latin term meaning to stand by a decision, or to respect precedent.
“I do think that it is a jolt to the legal system when you overrule a precedent,” he said. “Precedent plays an important role in promoting stability and evenhandedness. … It is not enough that you may think the prior decision was wrongly decided.”
Senators quizzed him on all-important privacy rights, bringing up a memo he once wrote questioning the “so-called” right to privacy. We were encouraged when he abandoned that tack and said privacy is protected under the Constitution in “various ways.” Roberts addressed other memos from the Reagan years, saying he’s always supported equal rights for women, especially in the workplace, and expressed support for laws upholding the rights of minorities.
He deflected some friendly nudging from Sen. Lindsey Graham, R-S.C., who tried to get him to pledge a career modeled after recently deceased Chief Justice William Rehnquist. Roberts resisted that, saying he’d be similar, but his own man.
We liked much of what we heard yesterday, but we want to hear more. Today is day two and the questioning could well be sharper as senators weigh their judgment.
