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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
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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
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(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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