John Roberts Supreme Court nomination and hearings
Encyclopedia
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, began on September 12, 2005, with U.S. Senators
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
posing questions to Roberts, who was nominated
Bush Supreme Court candidates
Speculation abounded over potential nominations to the Supreme Court of the United States by President George W. Bush since before his presidency....
by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
to fill the vacancy of Chief Justice of the United States
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
.
Roberts had been nominated to the Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
to replace the retiring Justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
Sandra Day O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
; however, on September 5, following Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
William Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
's death, President Bush announced the nomination of Roberts for the position of Chief Justice and formally sent notice to the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
of the new nomination and the withdrawal of Roberts' prior nomination.
On September 29, Roberts was confirmed as Chief Justice by a full Senate vote of 78–22. The 50-year old Roberts became the youngest Chief Justice since John Marshall
John Marshall
John Marshall was the Chief Justice of the United States whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches...
, who was 45 when he joined the court in 1801.
Confirmation process
Bush Supreme Court candidates
Speculation abounded over potential nominations to the Supreme Court of the United States by President George W. Bush since before his presidency....
.
With the death of Chief Justice Rehnquist, Bush withdrew Roberts' nomination for associate justice and renominated him for chief justice, with only a slight delay in his confirmation hearings to allow for Rehnquist's funeral services.
Former Senator Fred Dalton Thompson
Fred Dalton Thompson
Fred Dalton Thompson , is an American politician, actor, attorney, lobbyist, columnist, and radio host. He served as a Republican U.S...
helped to promote Roberts' nomination. The nomination was first considered by the 18-member Senate Judiciary Committee, which voted 13–5 on September 22 to send the nomination to the full Senate.
On September 29, Roberts was confirmed by the full Senate by a vote of 78–22. Hours after confirmation, he was sworn in by Associate Justice John Paul Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
at the White House
White House
The White House is the official residence and principal workplace of the president of the United States. Located at 1600 Pennsylvania Avenue NW in Washington, D.C., the house was designed by Irish-born James Hoban, and built between 1792 and 1800 of white-painted Aquia sandstone in the Neoclassical...
.
Role of the ABA
Nominees to the Supreme Court are evaluated by the American Bar AssociationAmerican Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
's Standing Committee on Federal Judiciary. The opinions of the committee bind neither the President nor the Senate; however, they are generally taken into account.
The panel is composed of fifteen federal judges (but not Supreme Court Justices), including at least one from each federal judicial circuit. The body assesses the nominee "solely to professional qualifications: integrity, professional competence and judicial temperament," and offers a rating of "well qualified," "qualified," or "not qualified."
On August 17, the ABA committee unanimously gave Roberts a "well qualified" rating.
Judiciary Committee questionnaire
Roberts' total assets were stated as being approximately US $United States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
6 million, with sizable investments in XM Satellite Radio
XM Satellite Radio
XM Satellite Radio is one of two satellite radio services in the United States and Canada, operated by Sirius XM Radio. It provides pay-for-service radio, analogous to cable television. Its service includes 73 different music channels, 39 news, sports, talk and entertainment channels, 21 regional...
, Dell, Inc., and Texas Instruments
Texas Instruments
Texas Instruments Inc. , widely known as TI, is an American company based in Dallas, Texas, United States, which develops and commercializes semiconductor and computer technology...
. His home in Bethesda, Maryland
Bethesda, Maryland
Bethesda is a census designated place in southern Montgomery County, Maryland, United States, just northwest of Washington, D.C. It takes its name from a local church, the Bethesda Meeting House , which in turn took its name from Jerusalem's Pool of Bethesda...
was valued at $1.3 million.
Hearings
How the hearings progressed
Senate Judiciary Committee Chairman Arlen SpecterArlen Specter
Arlen Specter is a former United States Senator from Pennsylvania. Specter is a Democrat, but was a Republican from 1965 until switching to the Democratic Party in 2009...
had called for a final vote by the committee on or before September 15, but Rehnquist's death and the renomination of Roberts for Chief Justice caused a delay first round of questioning, each Senator having 30 minutes to query the nominee. During the course of the day, Roberts answered questions from 16 of the 18 committee members, on a variety of topics. He affirmed his commitment to a constitutional right to privacy, clarified his position on civil rights during wartime, and took a conservative position on the use of international law in interpreting the U.S. Constitution.
On September 14, the hearing resumed at 9:00 a.m., with the completion of the first round of questioning, followed by the start of the second round of questioning. Questioning did not finish this day, and was scheduled to be continued the next day.
On September 15, the hearing again resumed at 9:00 a.m., with the completion of the final round of questioning of Roberts. Later, the committee went into private session to discuss FBI reports on the nominee, a standard procedure followed for all nominees to federal courts. Following this, the committee heard testimony from the American Bar Association and six panels of various witnesses for the remainder of the afternoon and into early evening. The hearings were adjourned with 24 hours to remain for committee members to submit written questions to Roberts, which were to be answered by him as thoroughly as practicable.
On September 22, the committee voted 13–5 to send Roberts' confirmation to the full Senate. Senators Biden, Durbin, Feinstein, Kennedy, and Schumer were the five "no" voters. The full 100-member Senate subsequently debated Roberts' nomination, beginning on September 26.
The Senate voted on the nomination beginning at 11:30 a.m. EDT on September 29, with Roberts winning confirmation by a 78–22 vote. All 55 Republicans
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
voted to confirm Roberts; 22 Democrats
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
, including Senate Judiciary Committee ranking member Patrick Leahy
Patrick Leahy
Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...
of Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
, also voted to confirm Roberts, as did the one independent (Jim Jeffords
Jim Jeffords
James Merrill "Jim" Jeffords is a former U.S. Senator from Vermont. He served as a Republican until 2001, when he left the party to become an independent. He retired from the Senate in 2006.-Background:...
). 22 Democrats, including Senate Minority Leader Harry Reid
Harry Reid
Harry Mason Reid is the senior United States Senator from Nevada, serving since 1987. A member of the Democratic Party, he has been the Senate Majority Leader since January 2007, having previously served as Minority Leader and Minority and Majority Whip.Previously, Reid was a member of the U.S...
of Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
, voted in opposition.
Questions and answers
During Judge William PryorWilliam H. Pryor, Jr.
William Holcombe "Bill" Pryor, Jr. is a federal judge on the United States Court of Appeals for the Eleventh Circuit. Previously, he was the Attorney General of the State of Alabama from 1997 to 2004.-Background:...
's confirmation hearings for a federal bench in Atlanta, Senator Charles Schumer
Charles Schumer
Charles Ellis "Chuck" Schumer is the senior United States Senator from New York and a member of the Democratic Party. First elected in 1998, he defeated three-term Republican incumbent Al D'Amato by a margin of 55%–44%. He was easily re-elected in 2004 by a margin of 71%–24% and in 2010 by a...
said he was troubled by Pryor's "deeply held personal beliefs". There were predictions by some, notably the Catholic League for Civil and Religious Rights, Notre Dame
University of Notre Dame
The University of Notre Dame du Lac is a Catholic research university located in Notre Dame, an unincorporated community north of the city of South Bend, in St. Joseph County, Indiana, United States...
law professor Charles Rice in the National Review
National Review
National Review is a biweekly magazine founded by the late author William F. Buckley, Jr., in 1955 and based in New York City. It describes itself as "America's most widely read and influential magazine and web site for conservative news, commentary, and opinion."Although the print version of the...
, the Center for Jewish Values
Center for Jewish Values
The Center for Jewish Values was founded in 2001 by Rabbis Tzvi Muller and Paysach Freedman. The Center researches, teaches and promotes specifically the interpersonal mitzvot, Judaism's guidelines on responsibility towards one's fellow man...
, and the Catholic organization Fidelis that the pattern would be repeated with Roberts' confirmation hearing. Most Rev. Charles Chaput, Archbishop of Denver, notes that "many people already believe that a new kind of religious discrimination is very welcome at the Capitol, even among elected officials who claim to be Catholic," concluding that "the bias against 'papism' is alive and well in America." However, others do not interpret the clause as prohibiting Senate inquiry into the religious beliefs of a nominee; rather they hold that religious inquiries by the Senate are not the application of a religious Test (or disqualification), but a valid form of inquiry into Roberts' source of values and beliefs, which they consider to be highly relevant to a position such as Supreme Court Justice.
On September 13, during the second day of confirmation hearings Senator Arlen Specter
Arlen Specter
Arlen Specter is a former United States Senator from Pennsylvania. Specter is a Democrat, but was a Republican from 1965 until switching to the Democratic Party in 2009...
asked Roberts whether his faith would affect his opinions on the bench. Roberts responded that "there is nothing in my personal view based on faith or other sources that would prevent me from applying the precedents of the court faithfully in accord with the principles of stare decisis
Stare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
." Later the same day, he also said "my faith and my religious beliefs do not play a role in my judging. ... I look to the law. I do not look to the Bible or other religious books." On September 14, Senator Dianne Feinstein
Dianne Feinstein
Dianne Goldman Berman Feinstein is the senior U.S. Senator from California. A member of the Democratic Party, she has served in the Senate since 1992. She also served as 38th Mayor of San Francisco from 1978 to 1988....
asked Roberts about the "role Catholicism would play" in his tenure as a justice. Roberts declined to endorse President Kennedy's statement that "separation of church and state is absolute," telling Feinstein, "I don't know what you mean by 'absolute'." Some consider such questioning to be a revival of anti-Catholic bigotry reminiscent of the public concern about Catholic influence that presidential candidate John F. Kennedy
John F. Kennedy
John Fitzgerald "Jack" Kennedy , often referred to by his initials JFK, was the 35th President of the United States, serving from 1961 until his assassination in 1963....
faced in 1960, and exemplified by the controversial Blaine Amendments.
Adoption records
While investigating Roberts' life, the New York Times was accused of attempting to unseal records detailing the 2000 adoption by Roberts and his wife of two infants born in Ireland via a Latin American country. The Times denied any attempts to unseal legal records and stated that "[o]ur reporters made initial inquiries about the adoptions" and "[t]hey did so with great care, understanding the sensitivity of the issue."The Times was condemned by the National National Council for Adoption, "NCFA denounces, in the strongest possible terms, the shocking decision of the New York Times to investigate the adoption records of Justice John Roberts' two young children. The adoption community is outraged that, for obviously political reasons, the Times has targeted the very private circumstances, motivations, and processes by which the Roberts became parents."
The reasons for the adoption happening in the unnamed Latin American country remain unclear, though it was noted that the Irish 1991 Adoption Act only allows adoption of children born in Ireland by people resident in Ireland.
Federalist Society
Judge Roberts has stated that he cannot recall ever having been a member of the Federalist SocietyFederalist Society
The Federalist Society for Law and Public Policy Studies, most frequently called simply the Federalist Society, is an organization of conservatives seeking reform of the current American legal system in accordance with a textualist and/or originalist interpretation of the U.S. Constitution...
. He sought and received published corrections from several major news organizations retracting earlier reports that he had been a member. On July 25, 2005, however, the Washington Post reported that John Roberts is listed in the Society's 1997–1998 leadership directory as serving on the Steering Committee of the Federalist Society. The same source also indicates the possibility that the individuals listed in the "leadership directory" are, in a technical sense, not necessarily "members" of the society, and no confirmable membership information is officially disclosed by the Society itself.
2000 presidential election
While an attorney at Hogan & Hartson, Roberts met with Florida Governor Jeb BushJeb Bush
John Ellis "Jeb" Bush is an American politician who served as the 43rd Governor of Florida from 1999 to 2007. He is a prominent member of the Bush family: the second son of former President George H. W. Bush and former First Lady Barbara Bush; the younger brother of former President George W...
and gave advice on the legal aspects of election disputes during the Florida recount of 2000. According to Ted Cruz, an advisor on Bush's 2000 campaign, Roberts helped polish some legal briefs and held a "moot court" session to prepare Bush's lawyers for arguments in Bush v. Palm Beach County Canvassing Board
Bush v. Palm Beach County Canvassing Board
Bush v. Palm Beach County Canvassing Board, , was a United States Supreme Court decision involving Florida voters during the 2000 presidential election. In this case, the U.S. Supreme Court requested clarification from the Florida Supreme Court regarding a decision it had made. Shortly after the...
and Bush v. Gore
Bush v. Gore
Bush v. Gore, , is the landmark United States Supreme Court decision on December 12, 2000, that effectively resolved the 2000 presidential election in favor of George W. Bush. Only eight days earlier, the United States Supreme Court had unanimously decided the closely related case of Bush v...
.
NARAL airs, then pulls, controversial advertisement
On August 10, 2005, NARAL Pro-Choice AmericaNARAL Pro-Choice America
NARAL Pro-Choice America , formerly the National Association for the Repeal of Abortion Laws, then National Abortion Rights Action League, and later National Abortion and Reproductive Rights Action League, is an organization in the United States that engages in political action to oppose...
, an advocate for legal abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
group, aired controversial advertisements featuring Emily Lyons
Emily Lyons
Emily Lyons is an American nurse who was gravely injured when Eric Robert Rudolph bombed an abortion clinic in Birmingham, Alabama, where she worked. She was a prominent figure during Rudolph's trial and sentencing, and has also become an activist for abortion rights.-Bombing:Lyons was born in...
, an abortion clinic director who was injured in the Eric Rudolph clinic bombing in 1998. The ad alleged that
- Supreme Court nominee John Roberts filed court briefs supporting violent fringe groups and a convicted clinic bomber... America can't afford a justice whose ideology leads him to excuse violence against other Americans.
The ads ran only in Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
and Rhode Island
Rhode Island
The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
, the home states of moderate Republican Senators, Olympia Snowe
Olympia Snowe
Olympia Jean Snowe , née Bouchles, is the senior United States Senator from Maine and a member of the Republican Party. Snowe has become widely known for her ability to influence the outcome of close votes, including whether to end filibusters. She and her fellow Senator from Maine, Susan Collins,...
, Susan Collins
Susan Collins
Susan Margaret Collins is the junior United States Senator from Maine and a member of the Republican Party. First elected to the Senate in 1996, she is the ranking member of the Senate Committee on Homeland Security and Governmental Affairs...
and Lincoln Chafee
Lincoln Chafee
Lincoln Davenport Chafee is an American politician who has been the 74th Governor of Rhode Island since January 2011. Prior to his election as governor, Chafee served in the United States Senate as a Republican from 1999 until losing his Senate re-election bid in 2006 to Democrat Sheldon...
.
The brief, which was filed almost seven years before the bombing of Lyons' clinic and which dealt with obstructing access to clinics, not bombings, argued that while abortion protesters from Operation Rescue
Operation Save America
Operation Save America is an organization based in Dallas, Texas, that opposes human induced abortion and its legality. In 1994, Flip Benham became the director of the organization, then called Operation Rescue National. Benham replaced Keith Tucci, who had replaced Randall Terry...
could not be prosecuted under the 1871 Federal Ku Klux Klan Act for discrimination, they had violated state law by trespassing. Ultimately, the Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
agreed, ruling 6 to 3 in Bray v. Alexandria Women's Health Clinic
Bray v. Alexandria Women's Health Clinic
Bray v. Alexandria Women's Health Clinic, was a United States abortion rights case , which affirmed that Ku Klux Klan Act of 1871 could not be used to halt blockades of abortion clinics.-See also:...
that opposition to abortion did not constitute discrimination against women "as is evident from the fact that men and women are on both sides of the issue, just as men and women are on both sides of petitioners' unlawful demonstrations."
Even before the ad was shown on television
Television
Television is a telecommunication medium for transmitting and receiving moving images that can be monochrome or colored, with accompanying sound...
, White House
White House
The White House is the official residence and principal workplace of the president of the United States. Located at 1600 Pennsylvania Avenue NW in Washington, D.C., the house was designed by Irish-born James Hoban, and built between 1792 and 1800 of white-painted Aquia sandstone in the Neoclassical...
spokesman Steve Schmidt
Steve Schmidt
Steve Schmidt is an American campaign strategist and public relations worker for the U.S. Republican Party. He specializes in political "message development and strategy"...
responded to them, describing the claims as "outrageously false, bordering on the slanderous." While Roberts in his amicus brief for the Government, argued that abortion protestors could not be prosecuted federally for discrimination, he pointed out that the defendants obstruction was illegal under Virginia law. Further, Roberts has argued in a Reagan administration memo that violence such as bombings had no protection under the law: "No matter how lofty or sincerely held the goal, those who resort to violence to achieve it are criminals," he wrote. NARAL was unimpressed with this memo, arguing that it was not an official action like his amicus brief.
NARAL argued that "This wasn't an arcane legal dispute, but a fight over whether or not law enforcement could use their most effective weapon [the Klan Act] against extremists who use violence." After the Bray decision, Congress passed the Freedom of Access to Clinic Entrances Act
Freedom of Access to Clinic Entrances Act
The Freedom of Access to Clinic Entrances Act is a United States law that was signed by President Bill Clinton in May of 1994, which prohibits the following three things: the use of physical force, threat of physical force, or physical obstruction to intentionally injure, intimidate, interfere...
, which criminalized obstructing access to abortion clinics at the Federal level, effectively replacing the Klan Act with an even more effective legal weapon against those that obstructed access to clinics. National Review Online argued that "The fact that this law failed to deter the 1998 bombing that injured the clinic worker featured in NARAL's ad makes it all the more ludicrous to suggest that Roberts's proper reading of the Ku Klux Klan Act of 1871 in 1991 is somehow responsible."
In the face of intense criticism even among supporters of legal abortion, NARAL eventually withdrew the inflammatory ads.
Robert is the second sitting justice to have graduated from Harvard College (along with David Souter
David Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...
) and the sixth sitting justice to attend Harvard Law School (Souter, Stephen Breyer
Stephen Breyer
Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....
, Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
, and Anthony Kennedy
Anthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...
all graduated from Harvard Law School, while Ruth Bader Ginsburg
Ruth Bader Ginsburg
Ruth Joan Bader Ginsburg is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice and the first Jewish female justice.She is generally viewed as belonging to...
attended there for two years and transferred to Columbia Law School). He is the 109th justice to serve on the court, as well as the 17th Chief Justice.
With the addition of Roberts, the Supreme Court's membership had more Roman Catholics with four (Roberts, Scalia, Thomas, and Kennedy) than justices of other denominations. Upon the confirmation of Samuel Alito
Samuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
in 2006, the Roman Catholics on the court numbered five, with two Protestant (Stevens and Souter) and two Jewish (Ginsburg and Breyer) justices.
During his confirmation hearings, Roberts testified, under oath, that his two favorite movies were Doctor Zhivago
Doctor Zhivago (1965 film)
Doctor Zhivago is a 1965 epic drama-romance-war film directed by David Lean and loosely based on the famous novel of the same name by Boris Pasternak...
and North by Northwest
North by Northwest
North by Northwest is a 1959 American thriller film directed by Alfred Hitchcock, starring Cary Grant, Eva Marie Saint and James Mason, and featuring Leo G. Carroll and Martin Landau...
.
2003 hearings on appeals court nomination
During Judiciary Committee hearings on his nomination to the circuit court, Roberts testified on his background and views on jurisprudence. Roberts was subsequently approved by the Senate by unanimous consentUnanimous consent
In parliamentary procedure, unanimous consent, also known as general consent, or in the case of the parliaments under the Westminster system, leave of the house, is a situation in which no one present objects to a proposal. The chair may state, for instance: "If there is no objection, the motion...
.
General approach to the Constitution
Because Roberts had only been a judge for two years, he did not have an extensive case history from which a general approach to the Constitution can be determined. He also had not publicly stated his views on the subject, and said that "I don't necessarily think that it's the best approach to have an all-encompassing philosophy." which frustrated the Senators during his 2003 nomination. In law professor Randy BarnettRandy Barnett
Randy E. Barnett is a lawyer, a law professor at Georgetown University Law Center, where he teaches constitutional law and contracts, and a legal theorist in the United States...
's words, "In his distinguished career, he has somehow managed not to give a speech or write an article that reveals the core of his judicial philosophy. As a result, we simply have no idea what to expect from him". Cass Sunstein
Cass Sunstein
Cass R. Sunstein is an American legal scholar, particularly in the fields of constitutional law, administrative law, environmental law, and law and behavioral economics, who currently is the Administrator of the White House Office of Information and Regulatory Affairs in the Obama administration...
, a law professor at the University of Chicago
University of Chicago
The University of Chicago is a private research university in Chicago, Illinois, USA. It was founded by the American Baptist Education Society with a donation from oil magnate and philanthropist John D. Rockefeller and incorporated in 1890...
argues that in general, Roberts appears to be a judicial minimalist, emphasizing precedent, as opposed to an originalism
Originalism
In the context of United States constitutional interpretation, originalism is a principle of interpretation that tries to discover the original meaning or intent of the constitution. It is based on the principle that the judiciary is not supposed to create, amend or repeal laws but only to uphold...
-oriented or rights-focused jurist. "Judge Roberts' opinions thus far are careful, lawyerly, and narrow. They avoid broad pronouncements. They do not try to reorient the law."http://www.tnr.com/doc.mhtml?i=20050801&s=sunstein080105
The Commerce Clause
[S]tarting with McCulloch v. MarylandMcCulloch v. MarylandMcCulloch v. Maryland, , was a landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland...
, Chief Justice MarshallJohn MarshallJohn Marshall was the Chief Justice of the United States whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches...
gave a very broad and expansive reading to the powers of the Federal Government and explained that—and I don't remember the exact quote—but if the ends be legitimate, then any means chosen to achieve them are within the power of the Federal Government, and cases interpreting that, throughout the years, have come down. Certainly, by the time LopezUnited States v. LopezUnited States v. Alfonso Lopez, Jr., was the first United States Supreme Court case since the New Deal to set limits to Congress's power under the Commerce Clause of the United States Constitution.-Background:...
was decided, many of us had learned in law school that it was just sort of a formality to say that interstate commerce was affected and that cases weren't going to be thrown out that way. Lopez certainly breathed new life into the Commerce Clause.
I think it remains to be seen, in subsequent decisions, how rigorous a showing, and in many cases, it is just a showing. It's not a question of an abstract fact, does this affect interstate commerce or not, but has this body, the Congress, demonstrated the impact on interstate commerce that drove them to legislate? That's a very important factor. It wasn't present in Lopez at all. I think the members of Congress had heard the same thing I had heard in law school, that this is an important—and they hadn't gone through the process of establishing a record in that case.
Federalism
[S]imply because you have a problem that needs addressing, it's not necessarily the case that Federal legislation is the best way to address it... [T]he constitutional limitation doesn't turn on whether it's a good idea. There is not a "good idea" clause in the Constitution. It can be a bad idea, but certainly still satisfy the constitutional requirements.
Judicial activism and deference to legislatures
[T]he Supreme Court has, throughout its history, on many occasions described the deference that is due to legislative judgments. Justice HolmesOliver Wendell Holmes, Jr.Oliver Wendell Holmes, Jr. was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932...
described assessing the constitutionality of an act of Congress as the gravest duty that the Supreme Court is called upon to perform... [I]t's a principle that is easily stated and needs to be observed in practice, as well as in theory.
Now, the Court, of course, has the obligation, and has been recognized since Marbury v. MadisonMarbury v. MadisonMarbury v. Madison, is a landmark case in United States law and in the history of law worldwide. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. It was also the first time in Western history a court invalidated a law by declaring...
, to assess the constitutionality of acts of Congress, and when those acts are challenged, it is the obligation of the Court to say what the law is. The determination of when deference to legislative policy judgments goes too far and becomes abdication of the judicial responsibility, and when scrutiny of those judgments goes too far on the part of the judges and becomes what I think is properly called judicial activism, that is certainly the central dilemma of having an unelected, as you describe it correctly, undemocratic judiciary in a democratic republic.
In referring to Brown v. Board that overturned school segregation:
"The Court in that case, of course, overruled a prior decision. I don't think that constitutes judicial activism because obviously if the decision is wrong, it should be overruled. That's not activism. That's applying the law correctly."
Record as an attorney
[T]here is a longstanding tradition in our country — dating back to one of the more famous episodes, of course, being John AdamsJohn AdamsJohn Adams was an American lawyer, statesman, diplomat and political theorist. A leading champion of independence in 1776, he was the second President of the United States...
' representation of the British soldiers involved in the Boston MassacreBoston MassacreThe Boston Massacre, called the Boston Riot by the British, was an incident on March 5, 1770, in which British Army soldiers killed five civilian men. British troops had been stationed in Boston, capital of the Province of Massachusetts Bay, since 1768 in order to protect and support...
— that the positions a lawyer presents on behalf of a client should not be ascribed to that lawyer as his personal beliefs or his personal positions.
On Roe v. Wade
When testifying before the Senate in 2003, Roberts acknowledged that, on the Circuit Court, he would have an obligation to follow precedents established by the Supreme Court, including the controversial decision invalidating many restrictions on the right to an abortionAbortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
. He stated: "Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
is the settled law of the land... There is nothing in my personal views that would prevent me from fully and faithfully applying that precedent, as well as Casey
Planned Parenthood v. Casey
Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 was a case decided by the Supreme Court of the United States in which the constitutionality of several Pennsylvania state regulations regarding abortion were challenged...
." This consideration would not apply if he were a Justice of the Supreme Court, however. In that capacity he would be entitled to vote to limit or overturn Roe and related cases.
Life tenure
In a 1983 memo analyzing a Senate resolution to limit the judges to 10-year terms, Roberts questioned the desirability of lifetime tenure, arguing that when the Constitution was drafted, "people simply did not live as long as they do now" and that contemporary judges risked "los[ing] all touch with reality through decades of ivory tower existence" by becoming "insulated from the normal currents of life for 25 or 30 years." He also saw limiting the terms of judges as a good way to ensure turnover and to prevent judges from becoming too activistJudicial activism
Judicial activism describes judicial ruling suspected of being based on personal or political considerations rather than on existing law. It is sometimes used as an antonym of judicial restraint. The definition of judicial activism, and which specific decisions are activist, is a controversial...
. This could not be extended to the Supreme Court, and Roberts' position now, because of the express constitutional requirement of a life term.
Neutrality
Judge Roberts has specifically disassociated himself from cases he was involved with during his tenure as Deputy Solicitor General. In a footnote to a 1994 law reviewLaw review
A law review is a scholarly journal focusing on legal issues, normally published by an organization of students at a law school or through a bar association...
article, he wrote:
- In the interest of full disclosure, the author would like to point out that as Deputy Solicitor General for a portion of the 1992–93 term, he was involved in many of the cases discussed below. In the interest of even fuller disclosure, he would also like to point out that his views as a commentator on those cases do not necessarily reflect his views as an advocate for his former client, the United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
As Deputy Solicitor General
Arguing for the results sought by his client, the President of the United States)Abortion
Roberts is listed as a coauthor on a brief
Brief (law)
A brief is a written legal document used in various legal adversarial systems that is presented to a court arguing why the party to the case should prevail....
before the Supreme Court in Rust v. Sullivan
Rust v. Sullivan
Rust v. Sullivan, , was a United States Supreme Court case decided in 1991. The case concerned the legality and constitutionality of Department of Health and Human Services regulations on the use of funds spent by the U.S. federal government to promote family planning...
, , defending the validity of a Department of Health and Human Services regulation that prohibited recipients of funding under the Public Health Service Act
Public Health Service Act
The Public Health Service Act is a United States federal law enacted in 1944. The full act is captured under Title 42 of the United States Code "The Public Health and Welfare", Chapter 6A "Public Health Service"....
from not only providing abortions, but also counselling, advising, or promoting the idea that a woman seek an abortion:
We continue to believe that Roe v. WadeRoe v. WadeRoe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
was wrongly decided and should be overruled. As more fully explained in our briefs, filed as amicus curiaeAmicus curiaeAn amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
, in Hodgson v. MinnesotaHodgson v. MinnesotaHodgson v. Minnesota, 497 U.S. 417 , was a United States Supreme Court abortion rights case that dealt with whether a state law may require notification of both parents before a minor can obtain an abortion. The law in question provided a judicial alternative.-Issue:The case concerned a Minnesota law...
, ; Webster v. Reproductive Health ServicesWebster v. Reproductive Health ServicesWebster v. Reproductive Health Services, 492 U.S. 490 , was a United States Supreme Court decision on July 3, 1989 upholding a Missouri law that imposed restrictions on the use of state funds, facilities, and employees in performing, assisting with, or counseling on abortions...
, ; Thornburgh v. American College of Obstetricians and GynecologistsThornburgh v. American College of Obstetricians and GynecologistsThornburgh v. American College of Obstetricians and Gynecologists, was a United States Supreme Court case involving a challenge to Pennsylvania's Abortion Control Act of 1982....
, ; and City of Akron v. Akron Center for Reproductive HealthCity of Akron v. Akron Center for Reproductive HealthCity of Akron v. Akron Center for Reproductive Health, 462 U.S. 416 , was a case in which the United States Supreme Court affirmed its abortion rights jurisprudence...
, , the Court's conclusions in Roe that there is a fundamental right to an abortion and that government has no compelling interest in protecting prenatal human life throughout pregnancy find no support in the text, structure, or history of the Constitution.
The brief in question lists the following authors: Michael J. Astrue, General Counsel
General Counsel
A general counsel is the chief lawyer of a legal department, usually in a corporation or government department. The term is most used in the United States...
; Joel Mangel, Deputy Chief Counsel; Carol C. Conrad, Attorney, Department of Health and Human Services; Kenneth W. Starr, Solicitor General
United States Solicitor General
The United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States. The current Solicitor General, Donald B. Verrilli, Jr. was confirmed by the United States Senate on June 6, 2011 and sworn in on June...
; Stuart M. Gerson, Assistant Attorney General; John G. Roberts, Jr., Deputy Solicitor General; Jeffrey P. Minear, Assistant to the Solicitor General; Anthony J. Steinmeyer, Lowell v. Sturgill, Jr., Attorneys.
For further discussion of Roberts's views on Roe, see his comments at the Judiciary Committee hearings under "Views."
Environmental regulation
Roberts argued against the private citizen's right to sue the federal government for violations of environmental regulations in Lujan v. Defenders of Wildlife
Lujan v. Defenders of Wildlife
Lujan v. Defenders of Wildlife, , was a United States Supreme Court case decided on June 12, 1992, in which the court held that a group of American wildlife conservation and other environmental organizations lacked standing to challenge regulations jointly issued by the U.S...
, .
Separation of church and state
In a brief in Lee v. Weisman
Lee v. Weisman
Lee v. Weisman, 505 U.S. 577 , was a United States Supreme Court decision regarding school prayer. It was the first major school prayer case decided by the Rehnquist Court. It involved prayers led by religious authority figures at public school graduation ceremonies...
, , a case about school prayer
School prayer
School prayer in its common usage refers to state-approved prayer by students in state schools. Depending on the country and the type of school, organized prayer may be required, permitted, or prohibited...
, Roberts wrote that "history shows that religious acknowledgments were part of the ceremonies of all three branches of government when the Republic was founded," and that "[n]othing in the text of the Establishment Clause or in the concerns leading to its adoption suggests that a ceremonial acknowledgment of religion is a "law respecting an establishment of religion'." In the process, he argued that the Lemon v. Kurtzman
Lemon v. Kurtzman
Lemon v. Kurtzman, 403 U.S. 602 , was a case in which the Supreme Court of the United States ruled that Pennsylvania's 1968 Nonpublic Elementary and Secondary Education Act, which allowed the state Superintendent of Public Instruction to reimburse nonpublic schools for the salaries of teachers who...
, which was used as precedent for Lee, was wrongly decided. He argued that Marsh v. Chambers
Marsh v. Chambers
Marsh v. Chambers, 463 U.S. 783 , was a case in which the Supreme Court of the United States held that government funding for chaplains was constitutional because of the "unique history" of the United States...
, a competing precedent on church-state separation that is less restrictive, is a clearer decision that better interprets the First Amendment to the United States Constitution
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
.
Environmental regulation
In the case Bragg v. West Virginia Coal Association, Roberts argued on behalf of the National Mining Association
National Mining Association
The National Mining Association , is a trade organization that lists itself as the voice of the mining industry in Washington, D.C. NMA was formed in 1995, and has more than 325 corporate members.-History:...
in support of the legality of mountaintop removal
Mountaintop removal
Mountaintop removal mining is a form of surface mining that requires the removal of the summit or summit ridge of a mountain in order to permit easier access to the coal seams...
.
Business-labor relations
In a case before the Supreme Court, Roberts argued on behalf of mining companies who wanted to use criminal contempt fines to force the end of a strike which had been ruled unlawful. The case, United Mine Workers of America v. Bagwell
United Mine Workers of America v. Bagwell
United Mine Workers of America v. Bagwell, 512 U.S. 821 , was a case in which the United States Supreme Court laid out the constitutional limitations for the use of contempt powers by courts.-Facts:...
, , ended in a ruling in favor of the unions, with the majority opinion authored by Justice Harry Blackmun
Harry Blackmun
Harold Andrew Blackmun was an Associate Justice of the Supreme Court of the United States from 1970 until 1994. He is best known as the author of Roe v. Wade.- Early years and professional career :...
.
Gay rights
The Los Angeles Times reports that Roberts was "instrumental" behind-the-scenes in working to get the Supreme Court to declare a Colorado state constitutional amendment unconstitutional in the case of Romer v. Evans
Romer v. Evans
Romer v. Evans, 517 U.S. 620 , is a landmark United States Supreme Court case dealing with civil rights and state laws. It was the first Supreme Court case to deal with LGBT rights since Bowers v...
. The amendment prohibited all legislative, executive and judicial action designed to protect homosexual persons from discrimination.
The Supreme Court, following the lead of Justice Kennedy, held that the amendment violated the equal protection clause of the federal Constitution. Roberts performed his work on the behalf of his law firm's pro bono department at Hogan and Hartson. Hogan and Hartson allow their employees to refuse help on pro bono cases if they find them "morally repugnant". At least one conservative group, had planned to oppose Robert's nomination because of this case.
Judicial opinions
Roberts has authored 49 opinions in his two years in the D.C. Circuit but has elicited only two dissents on his decisions, and on the many other cases he has heard in that time, he has authored only three dissenting opinions of his own. His past rulings that are most likely to be discussed in his upcoming confirmation hearing dealt with the following issues:Fourth and Fifth Amendments
The D.C. Circuit case Hedgepeth v. Washington Metro Authority, involved a twelve-year-old girl who was invited to incriminate herself as an illegal drug user, taken into custody, handcuffed, driven to police headquarters, booked, and fingerprinted because she violated a publicly advertised zero toleranceZero tolerance
Zero tolerance imposes automatic punishment for infractions of a stated rule, with the intention of eliminating undesirable conduct. Zero-tolerance policies forbid persons in positions of authority from exercising discretion or changing punishments to fit the circumstances subjectively; they are...
"no eating" policy in a Washington Metro
Washington Metro
The Washington Metro, commonly called Metro, and unofficially Metrorail, is the rapid transit system in Washington, D.C., United States, and its surrounding suburbs. It is administered by the Washington Metropolitan Area Transit Authority , which also operates Metrobus service under the Metro name...
station by eating a single french fry. Roberts wrote for a 3–0 panel affirming a district court decision that dismissed the girl's complaint, which was predicated on the Fourth
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
and Fifth Amendments
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
, specifically the claim that an adult would have only received a citation for the same offense, while children must be detained until parents can be notified.
Roberts began his opinion by noting, "No one is very happy about the events that led to this litigation," and pointing out that the policies under which the girl was apprehended had since been changed. Because age discrimination is allowed under previous jurisprudence if there is any rational basis
Rational basis review
Rational basis review, in U.S. constitutional law, refers to a level of scrutiny applied by courts when deciding cases presenting constitutional due process or equal protection issues related to the Fifth Amendment or Fourteenth Amendment. Rational basis is the lowest level of scrutiny that a...
for it, only weak state interests were required to justify the policy. "Because parents and guardians play an essential role in that rehabilitative process, it is reasonable for the District to seek to ensure their participation, and the method chosen — detention until the parent is notified and retrieves the child — certainly does that, in a way issuing a citation might not." Roberts concluded that the age discrimination and detention in this case were constitutional, noting that "the question before us... is not whether these policies were a bad idea, but whether they violated the Fourth and Fifth Amendments to the Constitution.", language reminiscent of Justice Potter Stewart
Potter Stewart
Potter Stewart was an Associate Justice of the United States Supreme Court. During his tenure, he made, among other areas, major contributions to criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence.-Education:Stewart was born in Jackson, Michigan,...
's dissent in Griswold v. Connecticut
Griswold v. Connecticut
Griswold v. Connecticut, , was a landmark case in which the Supreme Court of the United States ruled that the Constitution protected a right to privacy. The case involved a Connecticut law that prohibited the use of contraceptives...
, in which Justice Stewart wrote, "We are not asked in this case to say whether we think this law is unwise, or even asinine. We are asked to hold that it violates the United States Constitution. And that, I cannot do."
Military tribunals
In Hamdan v. RumsfeldHamdan v. Rumsfeld
Hamdan v. Rumsfeld, 548 U.S. 557 , is a case in which the Supreme Court of the United States held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay lack "the power to proceed because its structures and procedures violate both the Uniform Code of Military...
, Roberts was part of a unanimous panel overturning the district court ruling and upholding military tribunal
Military tribunal
A military tribunal is a kind of military court designed to try members of enemy forces during wartime, operating outside the scope of conventional criminal and civil proceedings. The judges are military officers and fulfill the role of jurors...
s set up by the Bush administration for trying terrorism suspects known as enemy combatant
Enemy combatant
Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war or an...
s. Circuit Judge A. Raymond Randolph, writing for the court, ruled that Hamdan, a driver for al-Qaeda
Al-Qaeda
Al-Qaeda is a global broad-based militant Islamist terrorist organization founded by Osama bin Laden sometime between August 1988 and late 1989. It operates as a network comprising both a multinational, stateless army and a radical Sunni Muslim movement calling for global Jihad...
leader Osama bin Laden
Osama bin Laden
Osama bin Mohammed bin Awad bin Laden was the founder of the militant Islamist organization Al-Qaeda, the jihadist organization responsible for the September 11 attacks on the United States and numerous other mass-casualty attacks against civilian and military targets...
could be tried by a military court because (1) the military commission had the approval of the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
; (2) the Third Geneva Convention
Third Geneva Convention
The Third Geneva Convention, relative to the treatment of prisoners of war, is one of the four treaties of the Geneva Conventions. It was first adopted in 1929, but was significantly updated in 1949...
is a treaty between nations and as such it does not confer individual rights and remedies enforceable in U.S. courts; and (3) even if the Convention could be enforced in U.S. courts, it would not be of assistance to Hamdan at the time because, for a conflict such as the war against al-Qaeda (considered by the court as a separate war from that against Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
itself) that is not between two countries, it guarantees only a certain standard of judicial procedure without speaking to the jurisdiction in which the prisoner must be tried. The court held open the possibility of judicial review of the results of the military commission after the current proceedings have ended.
Environmental regulation
On the U.S. Court of Appeals, Roberts wrote a dissenting opinion regarding Rancho Viejo, LLC v. Norton, a case involving the protection of a rare Californian toad under the Endangered Species ActEndangered Species Act
The Endangered Species Act of 1973 is one of the dozens of United States environmental laws passed in the 1970s. Signed into law by President Richard Nixon on December 28, 1973, it was designed to protect critically imperiled species from extinction as a "consequence of economic growth and...
. When the court denied a rehearing en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
, Roberts dissented, arguing that the original opinion was wrongly decided because he found it inconsistent with United States v. Lopez
United States v. Lopez
United States v. Alfonso Lopez, Jr., was the first United States Supreme Court case since the New Deal to set limits to Congress's power under the Commerce Clause of the United States Constitution.-Background:...
and United States v. Morrison
United States v. Morrison
United States v. Morrison, is a United States Supreme Court decision which held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment to the Constitution.-...
in that it focused on the effects of the regulation, rather than the taking of the toads themselves, on interstate commerce. In Roberts's view, the Commerce Clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
of the Constitution did not permit the government to regulate activity affecting what he called "a hapless toad" that "for reasons of its own lives its entire life in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
." He said that reviewing the case could allow the court "alternative grounds for sustaining application of the Act that may be more consistent with Supreme Court precedent."
Other opinions
During his time on the Circuit Court of Appeals for the District of Columbia Judge Roberts wrote opinions for 49 cases (as of July 26, 2005) including the following:| Case | Argued | Decided |
|---|---|---|
| Ramaprakash v. FAA | September 18, 2003 | October 21, 2003 |
| United States v. Bolla Steven | September 19, 2003 | October 24, 2003 |
| Bloch Felix S. v. Powell, Colin L. | October 14, 2003 | November 21, 2003 |
| Hedgepeth v. Washington Metro Transit Authority | September 17, 2004 | October 26, 2004 |
| Universal City Studios v. Peters | February 17, 2005 | April 8, 2005 |
| United States v. Jackson United States v. Jackson United States v. Jackson, was a United States Supreme Court decision that ruled part of the Federal Kidnapping Act unconstitutional.-Background:... |
April 4, 2005 | July 22, 2005 |
A complete list can be found at the end of this page under "External links".
Summary of cases argued as a private attorney
During his work at Hogan & Hartson, Roberts argued before several appellate courts and several cases before the Supreme Court:| Case | Argued | Decided | Represented |
|---|---|---|---|
| First Options v. Kaplan First Options v. Kaplan , 514 U.S. 938 , was a case decided by the Supreme Court of the United States.-See also:* List of United States Supreme Court cases, volume 514* List of United States Supreme Court cases* Lists of United States Supreme Court cases by volume... |
March 22, 1995 | May 22, 1995 | Respondent |
| Adams v. Robertson Adams v. Robertson Adams v. Robertson, 520 U.S. 83 , was a case decided by the Supreme Court of the United States.-See also:* List of United States Supreme Court cases, volume 520* List of United States Supreme Court cases... |
January 14, 1997 | March 3, 1997 | Respondent |
| Alaska v. Native Village of Venetie Tribal Government Alaska v. Native Village of Venetie Tribal Government Alaska v. Native Village of Venetie Tribal Government, 522 U.S. 520 , was a case heard by the Supreme Court of the United States. The local tribal council in Venetie, Alaska, wanted to collect tax from non-tribal members doing business on tribal lands. The Supreme Court granted certiorari on appeal... |
December 10, 1997 | February 25, 1998 | Petitioner |
| Feltner v. Columbia Pictures Television, Inc. Feltner v. Columbia Pictures Television, Inc. Feltner v. Columbia Pictures Television, Inc., 523 U.S. 340 , was a case in which the Supreme Court of the United States ruled, deciding, where there is to be an award of statutory damages in a copyright infringement case, if there is a right to demand a jury trial.C... |
January 21, 1998 | March 31, 1998 | Petitioner |
| NCAA v. Smith | January 20, 1999 | February 23, 1999 | Petitioner |
| Rice v. Cayetano Rice v. Cayetano Rice v. Cayetano, 528 U.S. 495 , was a case filed in 1996 by Big Island rancher Harold "Freddy" Rice against the state of Hawaii and argued before the United States Supreme Court... |
October 6, 1999 | February 23, 2000 | Respondent |
| Eastern Associated Coal Corp. v. Mine Workers Eastern Associated Coal Corp. v. Mine Workers Eastern Associated Coal Corp. v. Mine Workers, 531 U.S. 57 , was a case in which the Supreme Court of the United States ruled that public policy considerations do not require courts to refuse to enforce an arbitration award ordering an employer to reinstate an employee truck driver who twice tested... |
October 2, 2000 | November 28, 2000 | Petitioner |
| TrafFix Devices, Inc. v. Marketing Displays, Inc. TrafFix Devices, Inc. v. Marketing Displays, Inc. TrafFix Devices, Inc. v. Marketing Displays, Inc., 532 U.S. 23 , was a United States Supreme Court decision in the area of trademark law, holding that a functional design could not be trademarked, and that a patented design was presumed to be functional.-Background:The plaintiff, Marketing Display,... |
November 29, 2000 | March 20, 2001 | Petitioner |
| Toyota Motor Mfg v. Williams | November 7, 2001 | January 8, 2002 | Petitioner |
| Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency | January 7, 2002 | April 23, 2002 | Respondent |
| Rush Prudential HMO, Inc. v. Moran Rush Prudential HMO, Inc. v. Moran Rush Prudential HMO, Inc. v. Moran, was a decision by the Supreme Court of the United States, which ruled that the federal Employee Retirement Income Security Act did not preempt an Illinois medical-review statute.... |
January 16, 2002 | June 20, 2002 | Petitioner |
| Gonzaga University v. Doe Gonzaga University v. Doe Gonzaga University v. Doe, 536 U.S. 273 , was a case in which the Supreme Court of the United States ruled that the Family Educational Rights and Privacy Act of 1974, which prohibits the federal government from funding educational institutions that release education records to unauthorized persons,... |
April 24, 2002 | June 20, 2002 | Petitioner |
| Barnhart v. Peabody Coal Co. Barnhart v. Peabody Coal Co. Barnhart v. Peabody Coal Co., 537 U.S. 149 , was a Supreme Court of the United States case.* List of United States Supreme Court cases, volume 537*List of United States Supreme Court cases... |
October 8, 2002 | January 15, 2003 | Respondent |
| Smith v. Doe Smith v. Doe Smith v. Doe, , was a court case in the United States which questioned the constitutionality of the Alaska Sex Offender Registration Act's retroactive requirements. Under the Act, any sex offender must register with the Department of Corrections or local law enforcement within one business day of... |
November 13, 2002 | March 5, 2003 | Petitioner |
External links
Biographical- Roberts, John G., Jr." Federal Judicial Center
- John G. Roberts biography, Office of Legal Policy, U.S. Department of Justice.
- Biographical Sketches of the Judges of the U.S. Court of Appeals for the DC Circuit
- John G. Roberts Questionnaire for Appeals Court Confirmation Hearing and responses to Questions from Various Senators (large PDFPortable Document FormatPortable Document Format is an open standard for document exchange. This file format, created by Adobe Systems in 1993, is used for representing documents in a manner independent of application software, hardware, and operating systems....
file) - G. Roberts, Jr. at OyezOyezOyez is a traditional interjection said three times in succession to introduce the opening of a court of law in the United States.Until the 18th century, speaking English in an English court of law was not required and one could instead use Law French, a form of French that evolved after the...
- FindLaw Lawyer Profile
- Transcript of Senate Judiciary Committee hearing on the nomination of John Roberts to the D.C. Circuit (Roberts Q&A on pages 17–79, plain text version)
- Complete list of Circuit Judge Roberts's opinions for the DC Circuit (last updated July 26, 2005)
- Federalist Society
- Video and Transcripts From the Roberts Confirmation Hearings - The New York TimesThe New York TimesThe New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...