ABA Testifies on Roberts Confirmation

Senate Judiciary Committee hearings on John G. Roberts Jr.’s confirmation to the Supreme Court, originally slated to begin Tuesday, September 6, were postponed until September 12 due to the passing of Chief Justice William H. Rehnquist. After Rehnquist’s death, President Bush nominated Roberts – earlier picked to fill Justice Sandra Day O’Connor’s seat on the Court – to fill the slot of Chief Justice of the United States.

When Roberts was first nominated for the Supreme Court, the ABA’s Standing Committee on Federal Judiciary reviewed his qualifications and found him to be “well qualified.” When Roberts was subsequently nominated to be Chief Justice, the ABA conducted additional review of his administrative and leadership capabilities.

Following long-standing practice, the ABA sent a letter to Senate Judiciary Chairman Arlen Specter explaining the rating of the Standing Committee, and testified before the full Judiciary Committee on September 15. Chair Stephen L. Tober presented the committee’s report on the nomination. He was accompanied by Immediate Past Chair Thomas Z. Hayward Jr. and Pamela A. Bresnahan, D.C. Circuit representative and investigator during the ABA evaluation process of Roberts to be associate justice.

In his testimony , Tober explained how its rating was arrived at, including the additional burden of proof for a Chief Justice. And he summarized the Standing Committee’s finding by stating, “The ABA Standing Committee is fully satisfied that, by virtue of his academic training, his service in the Federal government, his experience in private practice, his scholarly writings, his distinguished service for the past two years on the Federal bench, and his administrative and leadership skills, Judge Roberts meets the highest standards required for service on the United States Supreme Court as Chief Justice. He enjoys the admiration and respect of his colleagues on and off the bench. And he is, as we have found, almost the very definition of ‘collegial.’”

Study of Roberts’ record presented the ABA with an unusual situation, as Tober and Hayward wrote in the letter to Senator Specter, which was made part of the record in conjunction with Tober’s testimony, because the nomination “straddled the end of one association year and the beginning of the current one, an event that is marked by changes in leadership and committee membership throughout the organization.”

Included in the letter were quotes by some of those peers interviewed by the ABA Standing Committee about Roberts’ qualifications. Some of these include: “He is brilliant and understands the importance of the independence of the judiciary and the role of the rule of law,” “His opinions are clear, succinct and very well-written,” and “With respect to his demeanor, Judge Roberts is an even-paced guy, very low-key, open and fair-minded.” And, with respect to the additional skills necessary for the Chief Justice position, interviewees replied, “A great manager. He gave the staff tremendous support and never lost his temper. He is a great listener,” and “He has a superb ability to state reasons for his views, which makes him valuable and effective as a leader.”

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