Bush Picks Roberts for Supreme Court Nominee
Tuesday, July 19, 2005
WASHINGTON — President Bush has picked Judge John G. Roberts Jr. to replace retiring Supreme Court Justice Sandra Day O'Connor.
Roberts, 50, is a conservative who currently sits on the U.S. Court of Appeals for the District of Columbia Circuit. A former clerk to Chief Justice William H. Rehnquist, his name has been floated for months as a possible Bush selection for the high court.
Bush announced the nomination to the American public at 9 p.m. EDT — with Roberts appearing alongside the president.
"The decisions of the Supreme Court affect the life of
every American. And so a nominee to that court must be a
person of superb credentials and the highest integrity, a
person who will faithfully apply the Constitution and
keep our founding promise of equal justice under law,"
Bush said.
"I have found such a person in Judge John Roberts. And tonight I am honored to announce that I am nominating him to serve as associate justice of the Supreme Court."
Stuart Taylor, a senior writer and columnist for National Journal, said Roberts was only on the U.S. Court of Appeals for the District of Columbia Circuit for two years, but he is well-qualified for the job.
"He doesn't have an extensive record there. But he is very well-qualified. He had a reputation of being one of the best, if not the best, appellate litigator in the country. Conservatives are very comfortable with him. They think he is one of them, but he'd be easier to confirm ... because he doesn't have a controversial paper trail and he has a lot of friends across the political spectrum," Taylor told FOX News.
Sen. John Cornyn, R-Texas., said that the president had done his job by selecting Roberts and he had made the right decision.
"Judge Roberts is an exceptional judge, brilliant legal mind, and a man of outstanding character who understands his profound duty to follow the law. He has enjoyed a distinguished history of public service and professional achievement. It is clear to me that Judge Robert's history has prepared him well for the honor of serving this country on our nation's highest court, and I strongly support his nomination," Cornyn said.
Experience at the Court
Roberts is no stranger to the Supreme Court. He served as a law clerk to Rehnquist and was the deputy solicitor general during the presidency of President George H.W. Bush, where he argued cases in front of the court. He also served an associate counsel to President Reagan during Reagan's first term.
Bush nominated Roberts to D.C. Circuit Court on Jan. 7, 2003. He was confirmed four months later. During his confirmation hearing to the appeals court, Roberts told the Senate Judiciary Committee that Roe v. Wade is "the settled law of the land.
"There's nothing in my personal views that would prevent me from fully and faithfully applying that precedent," Roberts told the panel.
A Successful Head Fake
Roberts' nomination comes as a surprise after an all-day festival of speculation in Washington and on the cable news networks, where the race was handicapped in favor of 5th Circuit Court of Appeals Judge Edith "Joy" Clement. Clement was seen as an uncontroversial, moderate jurist who would likely be passed through Congress without an enormous fight.
But as evening approached, Clement herself told a network news broadcast that she had not been selected. That led to speculation that Bush would go with a more conservative nominee, one who would please his ardent supporters.
Earlier in the day, Bush was cagey about whether he'd name his pick on Tuesday.
"I do have an obligation to think about people from different backgrounds, but who share the same philosophy, people who will not legislate from the bench," Bush said when asked by reporters Tuesday during a joint press conference with Australian Prime Minister John Howard. "I'll let you know when I'm ready to tell you who it is ... I'm confident about where we are in the process."
Two Republican sources very close to the Supreme Court nomination process told FOX News that the groundwork had been laid for a public disclosure, but the timing of the announcement was up to Bush.
Earlier on Tuesday, FOX News learned that Clement was interviewed by Vice President Dick Cheney, a possible sign that she was the choice for the high court. Activists had already prepared a video testimonial from long-time lawyer friends of Clement.
White House officials have refused to discuss the names of top prospects being considered to replace retiring O'Connor, who was the first woman on the court.
Interest groups say another female candidate thought to be under consideration was Edith Hollan Jones, who also serves on the 5th U.S. Circuit Court of Appeals in New Orleans and is considered a favorite of the Christian right.
Clement, who is believed to be less ideological than Jones, was among nearly a dozen judges Bush nominated to the bench in May of 2001, and her confirmation was relatively speedy. A Jones nomination would likely have led to a fight with many Democrats, who claimed that Bush has nominated too many judges who they consider to be out of America's mainstream.
Other names thought to be under consideration were: Maura Corrigan, a judge on the Michigan Supreme Court; Cecilia M. Altonaga, a U.S. District Court judge for the Southern District of Florida; Mary Ann Glendon, a Harvard Law School professor; Karen Williams from the 4th U.S. Circuit Court of Appeals in Richmond, Va.; Janice Rogers Brown, recently confirmed by the Senate for the U.S. Court of Appeals for the District of Columbia Circuit; and Priscilla Owen, who was just confirmed for a seat on the 5th U.S. Circuit Court of Appeals.
Other possible candidates were conservative federal appellate court judges Samuel Alito, J. Michael Luttig, Michael McConnell, John Roberts Jr., Emilio Garza and J. Harvie Wilkinson III; and former deputy attorney general Larry Thompson.
Bush Poring Over 'Curriculum Vitae'
Regardless of the many names floated throughout the day, one certainty was that the nominee was going to be conservative.
Sen. Lindsey Graham, R-S.C., one of the so-called "Gang of 14" senators who crafted an agreement that called for the use of a judicial filibuster only in "extraordinary circumstances," said the president was in a good position to send a conservative judge to the Senate for confirmation.
Democrats expect a conservative to be named, Graham explained, and Bush campaigned on that promise in 2004.
Graham noted that simply being conservative was "no longer an extraordinary circumstance" as defined by the "Gang of 14" agreement.
"President Bush campaigned he would pick a solid conservative, I expect for him to live up to his promise. Our goal is to make sure a solid conservative sits on the Supreme Court that is not beholden to any special interest group," Graham said.
Judiciary Committee Chairman Arlen Specter, R-Pa., was called to the White House on Monday. Specter, who would lead the confirmation process in the Senate, has said he hoped Bush would select a jurist who will bring "balance" to the court.
Roberts got the final invitation from the president after Bush had lunch with Australian Prime Minister John Howard. Later, the president called Senate Majority Leader Bill Frist, Minority Leader Harry Reid, Specter and Ranking Democrat on the Judiciary Committee Patrick Leahy to tell them that Roberts was the nominee for O'Connor's seat.
Cornyn said now that the president had made his choice for the Senate to confirm, "the nominations process should reflect the best of the American judiciary — not the worst of American politics."
Confirmation hearings could begin in September, after Congress returns from its traditional August recess.
FOX News' Julie Asher, Major Garrett, Wendell Goler, Brian Wilson and The Associated Press contributed to this report.
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