The Senate Judiciary Committee approved the nomination of John Roberts to be Chief Justice of the United States, by a vote of 13 to 5, on Sept. 22. Three Democrats, Senators Patrick Leahy, Russell Feingold, and Herbert Kohl, joined all of the Committee's Republicans in that vote.
Democrats voting in opposition to the nomination were Senators Edward Kennedy, Joseph Biden, Dianne Feinstein, Charles Schumer, and Richard Durbin.
Prior to the vote, chairman Arlen Specter, R-Penn., offered a candid review of the hearings. He summed it up by saying, 'I have long thought that nominees answer about as many questions as they think they have to in order to be confirmed. I believe that Judge Roberts answered a few more; only a few more, but a few more.'
Ranking Democratic member Leahy ( Vermont ) noted that he has not 'reflexively' opposed all Republican or conservative nominees to the bench, only those 'who were among the most ideologically extreme.' He called Roberts 'a man of integrity. I take him at this word that he dose not have an ideological agenda.'
Liberal Feingold, D-Wisc., said he had spoken with a number of people who have known Roberts well as his career has developed over the last two decades. 'They don't see him as a champion of one cause, as a narrow ideologue who wants to impose his views on the country. They see him as open-minded, respectful, thoughtful, devoted to the law, and truly one of the great legal minds of his time. That carries a lot of weight with me.'
Feinstein, D-Calif., called Roberts 'an extraordinary person [ with ] many stellar qualities.' But she found him lacking in assurances to 'uphold certain essential legal rights and protections.'
She took him to task for refusing to 'disavow' memos he had written during the Reagan administration.
Kennedy, D-Mass., focused upon civil rights. Relying upon memos that Roberts wrote in the early 1980s at his first job after law school, the Senator said that Roberts 'supported a cramped and narrow view that would exempt many formally covered institutions from following civil rights laws that protect women, minorities, and the disabled.'
Sen. Lindsey Graham, R-S.C., warned against politicization of the judicial process. He noted that conservative Antonin Scalia received 98 votes in confirmation to the Supreme Court, while liberal Ruth Bader Ginsberg received 96 votes.
He said, 'If we could look at the person before us based on qualifications, character, and integrity, and not require them to show allegiance to a particular case or cause, it would serve the country well.'
National Gay and Lesbian Task Force policy director Eleanor Acheson called the vote 'beyond disappointing—it is astounding' because it occurred without release of documents written by Roberts during the first Bush administration, and with the nominee refusing to answer 'dozens upon dozens of legitimate questions.'
Human Rights Campaign president Joe Solmonese took a moralistic approach, applauding the five Democrats who 'took a principled stand' in voting against Roberts; implying that those who voted for him were unprincipled. Those included Senators Leahy and Feingold, who HRC respectively rated 100% and 88% in the last session of Congress.
The Washington Post noted in an editorial, 'The liberal groups have made clear that they will oppose any nominee from this administration, regardless of qualifications, temperament, or testimony ... . In opposing Judge Roberts, some Democrats are following these groups off a cliff.'
The full Senate began debate on the nomination on Monday, with a roll call vote scheduled for Sept. 29. Roberts is expected to be confirmed and will preside over the Supreme Court when it begins its fall term on Oct. 3.
Lambda Legal joined the chorus of other GLBT and civil-rights organizations opposing the confirmation of Roberts.
'John Roberts had every opportunity to demonstrate whether he is committed to fairness and equality, but chose to dodge key questions. He provided no evidence of his commitment to these fundamental principles, and without such a commitment he is not qualified to serve,' said Lambda executive director Kevin Cathcart.
Lambda had prepared a list of 30 questions they wanted Roberts to answer. 'A good number were asked' at the marathon Senate Judiciary Committee hearings, Cathcart said, 'Fewer of them were answered.'