Tuesday, July 19, 2005

From 365gay.com

President Bush Tuesday night nominated John G. Roberts to fill the vacancy on the U.S. Supreme Court.
The vacancy stems from the retirement of Justice Sandra Day O'Connor.
Roberts currently sits on the U.S. Court of Appeals for the D.C. Circuit. He was appointed to that position in 2003 by President Bush.
Roberts attended Harvard College and Harvard Law School and was a clerk for Justice William H. Rehnquist on the Supreme Court.
A conservative and longtime Republican, Roberts served as Deputy Solicitor General. In 1990, he argued in favor of a government regulation that banned abortion-related counseling by federally-funded family planning programs. His brief to the court contained a note that the Bush administration's belief that Roe v. Wade should be overruled.
In nominating Roberts, Bush said he would rule on cases in accordance with the constitution and not make new law, a reference to what Bush in the past has called activist judges in the wake of the landmark Massachusetts supreme Court ruling that legalized same-sex marriage.
"With the Roberts nomination, the right to privacy and the future of a fair-minded Court are in grave danger," Joe Solmonese, President, Human Rights Campaign told 365Gay.com.
"Judge Roberts has disputed the right to privacy laid out in Roe v. Wade, and urged that the case be overruled. Reversing Roe could undermine fundamental rights to privacy and liberty that are the legal underpinning for the freedom of gay, lesbian, bisexual and transgender Americans.
"Judge Roberts has advocated for prayer in public schools and for weakening the wall between church and state," Solmonese noted. "He should make clear whether or not he would distort religion for misuse as a proxy for discrimination. Americans deserve a justice who will uphold the separation of church and state.
"The unique powers of the Supreme Court, including the power to revisit previous Supreme Court decisions, mean that Judge Roberts’ record should be subject to rigorous inspection," said Solmonese.
Lambda Legal, which is fighting lawsuits in several states on behalf of same-sex couples seeking to marry also expressed concerns.
"We don't have a position yet on John Roberts yet, but there are troubling things in his record that we need to take a careful look at," Michael Adams, director of education for Lambda Legal told 365Gay.com
Roberts was one of five prospective nominees whom Bush met with between Thursday and Saturday, according to a senior administration official who provided details of the selection.
Bush did not ask Roberts any questions about abortion, gay marriage or other specific issues that might come before the Supreme Court, the official told The Associated Press.
Although there is little on the record to indicate how he would vote on LGBT issues, Roberts received bipartisan support as a nominee to the federal bench.
Roberts' nomination is the president's first chance to place a justice on the high court and he may not have as easy a time in confirmation hearings for the Supreme Court.
"All questions are legitimate," New York Democrat and Judiciary Committee member Charles E. Schumer said earlier this month. "What is your view on Roe vs. Wade? What is your view on gay marriage?"
Other Democrats on the Judiciary Committee agree that all issues, including same-sex marriage, should be put to a nominee for the high court. They include Patrick Leahy of Vermont, Edward Kennedy of Massachusetts, Joseph Biden of Delaware.
And, Democrats are not discounting using a filibuster to sink a nominee they think too extreme. Democrats have been bracing for a showdown over the Supreme Court for more than a year.

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