Roberts wrong for top spot
September 12, 2005
On Tuesday, July 19, America was introduced to U.S. Circuit Judge John Roberts, President George W. Bush’s nominee to replace retiring Justice Sandra Day O’Connor.
Subsequently, following the death of Chief Justice William Rehnquist, Bush has selected Roberts for the top spot – whose likely confirmation and subsequent legacy on the bench remain to be seen.
One thing is clear, however. Roberts’ inexperience in dealing with the Supreme Court leaves him ill-suited to control the nation’s divisive Judicial Branch.
Roberts’ involvement in politics and law stretches as far back as 1981, when he served under President Ronald Reagan. Later, Roberts also served as a law clerk for then-Associate Justice Rehnquist, helping him research and write court opinions. Rehnquist ironically proved to be one of Roberts’ most influential conservative mentors.
In 2003, Bush nominated Roberts for the U.S. Circuit Court of Appeals for the District of Columbia. The Senate confirmed Roberts on May 8, 2003.
Roberts originally was chosen by Bush to replace O’Connor, but Rehnquist’s expected but nonetheless surprising death from cancer Sept. 3 caused Bush to reconsider.
Now, as confirmation proceedings began Monday, the likelihood Roberts, 50, will secure the life-appointment is high, effectively setting the course the country will take for the rest of Roberts’ life.
While Roberts’ voting record on key issues such as abortion, state’s rights and affirmative action is yet unknown, his inexperience with the court’s procedures surely make him a less-than-perfect candidate for the position.
Roberts has been a Circuit Judge for less than three years -arguing in that time only 39 cases before the Supreme Court.
If he wins confirmation, Roberts would become only the 17th Chief Justice ever and the court’s first new member in 11 years, indicating he does not have much precedent to follow in ruling or running the court.
At 50 years old, Roberts would be the youngest Chief Justice in more than 200 years since John Marshall was appointed in 1801 at age 45.
Although he has exhibited maturity and poise during his time as a Circuit Judge, his youth raises questions of whether he has the seniority needed to gain respect from the court’s members.
The very nature of the position Roberts is seeking carries heavy responsibility. The Chief Justice often is described as the “first among equals in the court.” He only has one vote, but the Chief Justice speaks first and leads the debate in the court’s private sessions.
The Chief Justice also chooses which cases the high court will consider among the hundreds of appeals that arrive each month.
Roberts has admitted his experience as a Circuit Judge has been sobering and that it was harder to reach decisions than he had expected, according to the Los Angeles Times. If he experienced difficulties as a Circuit Court judge, what can be said of the tests being Chief Justice will bring?
In a modern era where the fate of the nation can so easily be decided with one vote from its highest court, America cannot afford to have John Roberts casting it.
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