Roberts Promises 'Open Mind' and No 'Umpiring' as Chief Justice
by Jody Brown
September 13, 2005
(AgapePress) - It didn't take long for the topic of religious rights to work its way into the Senate hearings surrounding the nomination of John Roberts to the highest court in America. In fact, it happened on the first day. On the first day of committee hearings on his nomination to be the next chief justice of the U.S. Supreme Court, John G. Roberts spoke for less than 10 minutes. He said if confirmed, he will confront every case with an open mind.
"I will fully and fairly analyze the legal arguments that are presented. I will be open to the considered views of my colleagues on the bench," the nominee stated. "And I will decide every case based on the record, according to the rule of law, without fear or favor, to the best of my ability.
The nominee also alluded to anticipated discussion surrounding the issue of judicial activism. "I will remember that it's my job to call balls and strikes -- and not to pitch or bat," he said.
On the same day, representatives of the Family Research Council -- a Washington-based pro-family, pro-life organization -- delivered petitions to Illinois Democratic Senator Dick Durbin, urging him to refrain from any religious bigotry against Roberts during the hearings. Apparently Durbin, who sits on the Senate Judiciary Committee, either ignored or did not read the petitions -- or perhaps he didn't care.
Durbin says he and other members of the Judiciary Committee need to know Roberts' views on religious rights. Durbin said he is concerned how Roberts might rule on religious rights cases. "Over the past few decades the Supreme Court has maintained a delicate yet what I believe proper balance between church and state," the Illinois lawmaker said.
"Just as Sandra Day O'Connor said it so well in the recent Ten Commandments decision -- and I quote -- 'At a time when we see around the world the violent consequences of the assumption of religious authority by government, Americans may count themselves fortunate. Our regard for constitutional boundaries has protected us from similar travails.'"
But one of Durbin's fellow committee members, Senator John Cornyn disagreed, saying the Supreme Court in recent years has erected "extra constitutional and contradictory judge-made standards" in the area of religious freedom. By making such rulings, the Texas Republican stated, the high court has "effectively banned voluntary religious expression from much of our public life, turning what should be official neutrality into a policy of official hostility."
In fact, said Cornyn, Supreme Court rulings have restricted the free speech rights of people of faith. He noted that the court has been "zealous in protecting the rights of those who express themselves or promote their products using violence or sex. But voluntary expression of one's faith? Never."
Cornyn also said the Supreme Court's recent Ten Commandments rulings were contradictory. "Many Americans, including me, are baffled that the Supreme Court recently saw fit to strike down the display of the Ten Commandments in Kentucky, but uphold the constitutionality of a display in Texas -- even while the Ten Commandments itself is prominently displayed in the chambers of the United States Supreme Court."
Committee chair Arlen Specter also noted the discrepancies and confusion resulting from the two rulings on public display of the Decalogue, describing them as "inexplicable." Both of those rulings came on 5-4 votes.
Initial Reviews: Humility, Honor Toward Higher Authority
The director of government relations for Concerned Women for America says Roberts demonstrated both "his class and his humility" during his brief opening remarks. CWA's Lanier Swann says the senators on the Judiciary Committee -- and all of America -- were given a "clear picture of the fair and even hand" that Roberts would exercise as chief justice of the Supreme Court.
"He stated without hesitation that jurists should apply and interpret the law, yet never seek to become legislators," says Swann. "This is the exact character we are seeking in our next chief justice."
Wendy Wright, also with Concerned Women, commends the high court nominee for his commitment to safeguard the constitutional right of Americans to worship -- a right she says is "essential" to a free society. And while she says there will always be people who want to substitute their opinion for a moral authority with which they disagree, she believes Roberts is not one of those people.
"[He] has shown a deep respect for the Constitution and in his personal and professional life exhibit's the primary lesson that comes from religion -- honoring a higher authority above one's own desires, opinions, or preference," Wright says.
If Roberts is confirmed, says CWA, his "spirit of servanthood and dedication to the law" -- including the freedom to worship -- "will be evident in his leadership."
