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“SUPREME COURT NOMINATION OF JOHN ROBERTS, JR.” mentioning the U.S. Dept. of Justice was published in the Senate section on pages S8503-S8504 on July 20, 2005.
The publication is reproduced in full below:
SUPREME COURT NOMINATION OF JOHN ROBERTS, JR.
Mr. FRIST. Mr. President, today in the Senate we will undertake one of our most significant and historic constitutional responsibilities. The eyes of all Americans and of history will be focused upon us. The American people, through their votes, have entrusted us with the constitutional responsibility to provide advice and consent on Supreme Court nominations. They have entrusted us to govern as their elected representatives. We must ask ourselves: How will the American people view us--how will history judge us--for the deliberations we begin today?
It is my goal the American people will say, and history will record, that we were fair and thorough, that we treated our Supreme Court nominee, Judge Roberts, with dignity and respect, and that we worked expeditiously to confirm Judge Roberts before the Supreme Court began its new term in October.
Leading up to his announcement last night, the President engaged in a selection and a consultation process that can be characterized with a few words: ``bipartisan,'' ``inclusive,'' and ``unprecedented.''
The President and his White House reached out to both Republicans and Democrats. He listened thoughtfully to our views and he thoughtfully welcomed our suggestions on potential nominees and on the nominations process. In all, the White House contacted more than 70 Senators, including more than two-thirds of the Democratic Caucus and, of course, every single member of the Judiciary Committee.
The President was not required by the Constitution to reach out or consult. He was not required to take any time at all. He could have rushed through his choice. He could have nominated someone on the same day Justice O'Connor announced her retirement without consulting anyone, but he did not. The President sought input because he believed it was the right thing to do. I commend him for this inclusive approach, which I believe has strengthened the overall integrity of this process.
Now we move to the next stage. Last night the President announced the nomination of Judge John Roberts, Jr., to be an Associate Justice of the Supreme Court.
Most Americans are getting their very first glimpse of the nominee. What do we know about him? Born in Buffalo, NY, in 1955, Judge Roberts was raised in Indiana with his three sisters. He ventured off to Massachusetts for college at Harvard and graduated summa cum laude with a bachelor's degree in, as we have heard, only 3 years. During the summers, he worked at a steel mill to help pay for college.
But his academic journey did not stop here. He then enrolled in Harvard Law School, where he once again excelled. He earned the coveted position of editor of one of the most well-respected law journals in the country, the Harvard Law Review.
After graduating from law school with high honors, Judge Roberts served as a law clerk to Judge Henry Friendly on the Second Circuit, and then to William Rehnquist, who was then an Associate Justice on the Supreme Court.
In 1981, he continued his legal career at the Department of Justice as the Special Assistant to the U.S. Attorney General, and then as Associate Counsel to President Reagan.
In 1986, Judge Roberts entered private practice, joining the law firm of Hogan & Hartson, where he specialized in civil litigation. Three years later, he returned to public service as the Principal Deputy Solicitor General of the United States.
During his legal career, he has argued an impressive 39 cases before the Supreme Court--39 cases. To put that in perspective, only a few of the 180,000 members of the Supreme Court bar have ever argued a single case before the high Court.
In January 2003, President Bush nominated Judge Roberts to serve on the DC Circuit Court of Appeals, often referred to as the second highest court in the land.
Upon his nomination to the appellate court, more than 150 members of the DC Bar--including both Republicans and Democrats--expressed support for Judge Roberts. In a letter to the Senate Judiciary Committee, they wrote that Judge Roberts is ``one of the very best and most highly respected appellate lawyers in the nation, with a deserved reputation as a brilliant writer and oral advocate.''
Judge Roberts' nomination was well received by the Judiciary Committee and was favorably reported out of the committee by an overwhelming, bipartisan vote of 16 to 3, and on May 8, 2003, he was unanimously confirmed by the Senate.
I believe Judge Roberts is exactly the kind of Justice America expects on the Supreme Court. He is among the best of the best legal minds in America. He is a mainstream conservative, someone who understands that the role of a judge is to interpret the law and the Constitution and not to legislate from the bench.
He is someone who will be fair, openminded, and impartial--not someone who will prejudge cases, predetermine outcomes, or advance a personal political agenda.
In short, he is a Supreme Court nominee who will make America proud. Throughout his life, Judge Roberts has worn many hats: a devoted husband and father of two, a skilled litigator, and a superb jurist. I am confident Judge Roberts will be an asset to the Supreme Court and that he will serve with honor and distinction, just as he has on the DC Circuit Court.
As we look ahead, I do encourage my colleagues to remain focused on our three goals: first, conducting a fair and thorough confirmation process; second, treating Judge Roberts with dignity and respect; and, third, having an up-or-down vote on Judge Roberts before the Supreme Court starts its new term on October 3.
These goals are reasonable. These goals are achievable. There are 75 days from today until October 3. It took an average of 62 days from nomination to confirmation for all the current Supreme Court Justices. It only took an average of 58 days to confirm President Clinton's nominees, Justices Breyer and Ginsburg. And even though some Senators held different philosophical views from these Justices--in many cases vastly different philosophical views--they both received up-or-down votes and were confirmed by wide margins. These nominations serve as useful models for us today.
Ultimately, I hope this process is marked by cooperation, and not confrontation, and by steady progress, not delay and obstruction.
This morning, less than 12 hours after the President's announcement, some extreme special interest groups already are mobilizing to oppose Judge Roberts. They are not even giving him the courtesy of reserving judgment until the Judiciary Committee hearings. Together, as Senators, we can rise above the partisan rhetoric and obstruction that has gripped the judicial nominations process in the past.
A thorough investigation and debate on Judge Roberts does not require delay or personal attacks or obstruction. A fair and dignified process is in the best interests of the Senate, the Supreme Court, the Constitution, and the American people.
I look forward to welcoming Judge Roberts to the Senate a bit later today. I urge my colleagues to join me in congratulating him on his nomination to the Supreme Court.
Mr. President, I yield the floor.
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