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September
9, 2005
NATIONAL
BAR ASSOCIATION URGES U.S. SENATE TO WITHHOLD CONFIRMATION
OF JUDGE JOHN G. ROBERTS AS CHIEF JUSTICE OF THE U.S. SUPREME
COURT
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WASHINGTON,
DC - (9/9/05) The National Bar Association urges the
U.S. Senate to withhold confirmation of Judge John G. Roberts,
Jr. as Chief Justice of the U.S. Supreme Court until the
nominee has established unequivocally that he meets high
and exacting standards for this uniquely important post,
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;
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(2) candid, not evasive answers by the nominee;
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(3) thoughtful consideration of public views;
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(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
Chief Justice Rehnquist'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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