The Nomination of John G. Roberts Jr. to the Supreme Court

Media 08.4,05

Washington – In a letter to Senators Arlen Specter (R-PA) and Patrick Leahy (D-VT), the Leadership Conference on Civil Rights (LCCR), the nation’s oldest, largest and most diverse civil and human rights coalition, outlined serious concerns regarding the president’s nomination of Judge John Roberts to a powerful lifetime seat on the Supreme Court and called on senators to “exercise their full ‘advice and consent’ responsibility by engaging in a searching and thorough review of Judge Roberts’ record and his judicial philosophy.”


“This isn’t a popularity contest,” said Wade Henderson, LCCR’s executive director. “It’s a job interview and Americans have a right to know where Roberts stands on issues central to their rights and freedoms like protecting our civil rights. The documents produced by the White House so far are just the tip of the iceberg and yet they already suggest a very disturbing and very different picture of Roberts’ record.”


The White House has produced a fraction of the documents from Roberts’ nine-year career as a top level political (rather than a career) appointee. While incomplete, these documents already portray a troubling record on a number of issues important to ordinary Americans. The letter sent to the Judiciary Committee outlines specific areas of concerns gleaned from these records, namely:




  • Roberts’ efforts to shape civil rights policies, including court-ordered desegregation of public schools, voting rights and Title IX, during his tenure in the Reagan administration.
  • Roberts’ aggressive approach to narrowing Congressional authority under the Commerce Clause, which serves as the basis for many critical federal laws.
  • Roberts’ expansive view of administrative power to suspend fundamental due process protections.
  • Roberts’ attempt to undermine the wall of separation between church and state.
  • Roberts’ position in Bray v. Alexandria, which raises questions about his willingness to protect women from discrimination.

“What we already know of Roberts’ record on civil rights is deeply troubling,” said Nancy Zirkin, LCCR’s deputy director. “Americans want their Senators to ask the hard questions – and get meaningful answers – about where John Roberts stands on their basic individual rights and freedoms. But before our senators can do that, they need access to all requested documents.”