Washington – Judge John G. Roberts Jr. was confirmed with a strong bipartisan show of support in the Senate on Thursday and took the oath of office as chief justice of the United States.
The Senate voted 78-22 to confirm the 50-year-old Roberts, with half the chamber’s Democrats – including Sen. Ken Salazar of Colorado – joining a unanimous Republican majority in endorsing the nomination.
Roberts watched the Senate vote from the West Wing of the White House, where he was joined by President Bush and, a few hours later, sworn in by Justice John Paul Stevens, the Supreme Court’s senior justice.
In his first remarks as the nation’s 17th chief justice, Roberts struck the same nonpartisan tone as in his Senate confirmation hearings.
“I view the vote this morning as confirmation of what is for me a bedrock principle: that judging is different from politics,” he said.
Bush called Roberts a man “of integrity, deep humility and uncommon talent” and praised senators of both parties for conducting the confirmation hearings “with courtesy and fair- mindedness.”
“The civility of the confirmation process has served the interests of the nation,” Bush said.
It may also serve the president, whose political standing has been undermined in recent months but may benefit from the smooth confirmation of an appealing conservative jurist.
The new chief will preside Monday when the Supreme Court opens its 2005-06 session. Roberts replaces William Rehnquist, who died four weeks ago.
Bush, meanwhile, was said by aides to be nearing a final choice on filling the other Supreme Court vacancy, that of retiring Justice Sandra Day O’Connor. An announcement of a new nominee could come as early as today, White House press secretary Scott McClellan said.
Bush has said he respects the benefits that diversity of race, ethnicity and sex bring to the court, signaling that he might choose a woman, African- American or Hispanic candidate for O’Connor’s seat. Among the many names circulating Thursday were White House counsel Harriet Miers, Attorney General Alberto Gonzales and corporate lawyer Larry Thompson, an African-American.
“President Bush will send forth a highly qualified nominee to replace Justice O’Connor, and I am hopeful that my colleagues will continue to build on the spirit of bipartisanship,” said Sen. Wayne Allard, R-Colo.
The 78 votes for Roberts fell short of the approvals ranging from 90 percent to unanimous for most of the current justices on the court but were significant considering that just four months ago the Senate stood on the brink of a partisan showdown over judicial nominations.
The tone changed dramatically when, in late May, seven Republicans and seven Democrats, including Salazar, struck a compromise that preserved the Democratic minority’s right to filibuster a judicial nomination and let several conservative nominees get an up-or-down vote.
Bush responded by nominating Roberts, who, despite his conservative writings and legal work in previous Republican administrations, vowed to discharge his duties in a “modest,” nonpartisan and nonideological manner.
The nominee wowed senators in three days of testimony, but he deflected questions about how he would rule on abortion rights and other inflammatory issues.
“To come away with 78 votes, considering where the Senate was, in such contentious straits, earlier this year, I think is really remarkable,” said Sen. Arlen Specter, R-Penn., chairman of the Judiciary Committee. “It is my hope that the president will now send us a nominee for Justice O’Connor’s spot in the mold of Judge Roberts.”
Not all were assuaged.
“We are disappointed with those Democrats and moderate Republicans who chose to support Judge Roberts, despite his long record of working to undermine rights and legal protections, his evasive answers to the Senate and the Bush administration’s continued refusal to release key documents that would have illuminated his record,” said Ralph Neas, president of the liberal People for the American Way.
Sen. Patrick Leahy of Vermont, ranking Democrat on the Judiciary Committee, led the 22 members of his party who voted for Roberts.
“Judge Roberts is a man of integrity,” Leahy said, yet he acknowledged that “a vote to confirm requires faith.”
“I take him at his word he will not have an ideological agenda,” Leahy said.
Salazar struck a similar note.
“I voted for Judge Roberts because I take him at his word to respect the rule of law, protect civil rights and work to create a judicial system that embraces diversity,” the senator said. “I expect him to do that.”
