John Roberts, nominee for chief justice of the United States, has given hope to Senate judiciary members who wonder if it’s possible in this day and age to cajole more consensus from the often divided high court.
Predecessor William Rehnquist presided over a collegial court that was given to delivering even its majority opinions with multiple concurrences that sometimes muddied the court’s intent.
Not that Roberts could make progress by himself, even if he wanted to – the chief justice has only his own vote, after all, and he’s outnumbered 8-1. With lifetime appointments in hand, the justices no longer have to please the Senate nor anyone else.
Roberts wrapped up four days of hearings on Thursday, virtually ensuring his confirmation by testifying that he isn’t an ideologue and says – this is important – it’d be a bad idea to put one on the court. He was artfully vague on almost any issue of consequence, but calmed the nerves of some skeptics by promising to respect legal precedents, be a “modest judge” and follow the rule of the law.
He defended his legal career, during which he has argued both sides of an issue, including affirmative action and anti-trust laws, by saying that all sides of an argument deserve strong representation.
“I appreciate that some may say, ‘Well, that sounds like you’re a hired gun. … You’re going to take the side of whomever comes in the door first.’ I think that’s a disparaging way to capture what is, in fact, an ennobling truth about the legal system: that lawyers serve the rule of law, above and beyond representing particular clients.”
Democratic senators tried mightily to learn what type of justice Roberts would be. He scored with a reference to liberal icon Earl Warren, who presided over the landmark Brown vs. Board of Education school integration case. Warren, he said, so appreciated the case’s effect on “real people and real lives” that he thought it was crucial to have a unanimous ruling. He put his shoulder to the wheel and succeeded.
Roberts now serves on the 1st Circuit Court of Appeals – a highly regarded bench that has been known for years for its unanimous decisions. At the Supreme Court, Roberts is poised to work in a more polarized atmosphere. We hope he will not add to the divisions and instead will reach beyond any ideologies for common ground that reflects mainstream American values.
