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For Immediate Release
   
Date September 6, 2005

NATIONAL BAR ASSOCIATION URGES U.S. SENATE TO WITHHOLD CONFIRMATION OF JUDGE JOHN G. ROBERTS UNTIL SATISFIED NOMINEE WILL PROTECT EQUAL JUSTICE, CIVIL RIGHTS AND CIVIL LIBERTIES

WASHINGTON, DC - The National Bar Association urges the U.S. Senate to withhold confirmation of Judge John G. Roberts, Jr. for appointment to the U.S. Supreme Court, until the nominee has established unequivocally that he meets high and exacting standards for appointment to the U.S. Supreme Court, including a commitment to civil rights, civil liberties and equal justice under law. The NBA's review of Judge Roberts' record thus far reveals evidence of profound racial, gender and cultural insensitivity, judicial activism, and ideological extremism, with an agenda to reverse well-settled jurisprudence on civil rights and liberties, Congressional powers under the Commerce Clause, privacy, separation of church and state, and federal jurisdiction. In sum, Judge Roberts' record raises significant and troubling questions regarding his qualifications for appointment to the Nation's highest court.

The U.S. Senate has an explicit Constitutional duty to "advise and consent" to the President's choice of Judge Roberts. The stakes could not be higher. If the Senate confirms a nominee who does not meet the high and exacting standards essential for service as a U.S. Supreme Court Justice, the decision is enormously and irreversibly harmful. The confirmation hearing must be a comprehensive examination, not simply a procedural formality. Therefore, the Senate confirmation vote should occur only after the following:

  • (1) exhaustive, critical and direct questioning by Senators;
  • (2) candid, not evasive answers by the nominee;
  • (3) thoughtful consideration of public views;
  • (4) thorough review of all required documents that have been requested by the members of Congress, the media and the public; and
  • (5) a full public debate on the nominee's qualifications, background and judicial philosophy.

In a nation as diverse as America, and with a court as divided as this Supreme Court, the U.S. Senate must ensure that retiring Supreme Court Justice Sandra Day O'Connor's replacement gives the Senate and the American people straightforward answers to basic questions regarding Constitutionally protected fundamental rights and liberties, racial and gender equity, disability protection, environmental protection, and consumer protection. With exceptional scrutiny, the U.S. Senate must ensure that Judge Roberts' judicial philosophy will not eliminate or narrow protections against unlawful discrimination in employment, housing, education, and voting, and that he will not substitute his judgment on matters reserved for the U.S. Congress, the States and the People.

National Bar Association President Reginald M. Turner, Jr. looks forward to testifying before the U.S. Senate Judiciary Committee.

The NBA is the oldest and largest organization of attorneys and judges of color in the world. The NBA was founded in 1925, and today represents over 20,000 lawyers, judges, legal scholars and law students internationally.

   
 

     
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