Roberts Told 'Don't Take the Bait'
by Jody Brown and Bill Fancher
September 12, 2005
(AgapePress) - Hearings on the nomination of John G. Roberts as chief justice of the U.S. Supreme Court began today (Monday). Early on, he was offered some wise counsel by the former attorney general of Texas, who now sits on the Senate committee conducting the hearing. Shortly after sitting down to begin his opening hearing before the Senate Judiciary Committee, Roberts was given a bit of advice from John Cornyn: "Don't take the bait," he was told by the senator from Texas. "Decline to answer any question that you feel would compromise your ability to do your job."
Cornyn was laying the groundwork for the type of questions likely to come from several Democratic members of the Judiciary Committee, who are expected to probe for Roberts' stance on cases and issues that could possibly come before the Supreme Court. The Texas lawmaker acknowledged that the senators have a right to ask whatever questions they wish -- and admitted that perhaps all on the committee were "curious" to know how he might rule in future cases.
'But just because we are curious does not mean that our curiosity should be satisfied," Cornyn added.
And the senator reminded Judge Roberts that every single Supreme Court Justice in the past -- most recently, Ruth Bader Ginsburg, who now sits on the high court -- has declined to answer questions during their confirmation hearings whenever they felt their impartiality and independence might be threatened. "You have no obligation to tell us how you will rule on any issue that might come before you if you sit on the Supreme Court," Cornyn said.
"It boils down to a question of impartiality and fairness," the senator continued. "One characteristic of good judges is that they keep an open-mind on issues that are likely to come before them. If you pledge today to rule a certain way on an issue, how can parties to future cases ever believe they have had a fair day in court?"
In a column for National Review, Cornyn suggests some committee members will ask questions they know full well Roberts cannot answer in an attempt to "create the false impression that Judge Roberts is not being forthcoming" with the nation.
"But for the reasons noted by Justice Ginsburg herself," he writes, "it would be unfair to Judge Roberts to suggest that he has not been forthcoming simply for following his ethical obligation."
Call for a Fair Hearing
Cornyn believes Roberts is worthy of confirmation -- and of a fair hearing. "I think we have a duty to the American people and to the memory of [Roberts'] former boss, the late Chief Justice [William] Rehnquist, to conduct the confirmation hearings in a dignified and respectful way that shows due regard for the pursuit of truth rather than misrepresentation."
The senator from the Lone Star State is not alone in his call for impartiality during the hearings. Describing Roberts as a "man of integrity" with "impeccable legal credentials," Concerned Women for America's Wendy Wright addresses the expected onslaught of inquiry from the Democratic side of the aisle.
"Americans must demand that senators' unjustified demands aren't allowed to subvert the confirmation process and deny confirmation of qualified nominees," says CWA's executive vice president. "Senators should restrain themselves from demanding comments from Judge Roberts on political issues of potential upcoming cases. An independent judiciary is one that is not politicized."
Andrea Lafferty of Traditional Values Coalition agrees on that last note. "Judge Roberts is a Constitutionalist who understands that judges are not legislators, nor are they in charge of the executive branch of government," she says. "He believes judges are to interpret the law, not create law. He has respect for the two other branches of government, and he understands that each branch has its role in our republican form of government."
Lafferty urges the Senate Judiciary Committee to move quickly on Roberts' nomination so it can move to the Senate floor for an up-or-down vote. Roberts, she says, "deserves to be confirmed" as the 17th chief justice of the Supreme Court.
Become Prayer Warriors
Aside from the Roberts nomination, President Bush still must select someone to replace the retiring Sandra Day O'Connor. As he considers that selection -- and perhaps others before he leaves the White House -- one Christian leader is calling on believers to do their part to get the right persons on the high court.
"The most important thing that [Christians] can do now is pray," says Rob Schenck of the National Clergy Council. "It's the president who makes the selection; it's the Senate Judiciary Committee and Senate as a whole that will confirm or reject that selection. But we are left with the most powerful influence of all -- and that is, to pray that God's will be done throughout the process."
Many choices hang in the balance, says Schenck. "What the president does in the next few days -- and what the Senate does over the next few weeks -- will determine whether Roe v. Wade is overturned; whether traditional marriage is upheld in this country; and whether we remain one nation under God, or whether we shake an angry fist in His face," he says.
