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(September 22, 2005)
Washington, DC - The job interview for the lifetime position of chief justice of the United States is over. Funny, he didn't look like Justice Clarence Thomas. But, eyes closed, Judge John G. Roberts Jr. certainly evoked dj vu of Thomas confirmation hearings 14 years ago.
Roberts' responses to many of the tough questions posed by members of the Senate Judicial Committee were as evasive and obtuse as those heard during the Thomas hearings, and in some instances, appeared verbatim.
On the subject of privacy, both Roberts and Thomas in their confirmation hearings acknowledged a belief that there is a right to privacy that is protected under the due process clause of the 14th Amendment. But Thomas, on the Court, now says the Constitution includes no general right of privacy, and Roberts refused to differentiate his views from those of Thomas. Roberts refused to give his views on how far the right to privacy extends or whether it applies at all to beginning of life or end of life issues, or to anything beyond the right of married couples to use contraceptives.
On questions of legal precedent, both Roberts and Thomas recognized the principle of stare decisis, which is Latin for to stand by that which is decided. But, they both left the possibility open that any precedent could be overturned.
On Roe v. Wade, both Roberts and Thomas described the case as settled law. However, eight months after assuming Justice Thurgood Marshall's seat, Thomas voted to overturn Roe and filed a joint dissent that Roe was wrongly decided, and that it can and should be overruled. Earlier in Roberts' legal career, he co-authored an almost identical statement about Roe. So, it is logical to conclude that Roberts view is in agreement with that of Thomas on this issue, which is out of the mainstream American view.
Now that the job interview has been completed, there is no question about Roberts' intellectual capacity, legal experience and personal likeability. But, these qualities alone are not sufficient for an affirmative vote to confirm him. Like Thomas, Roberts stated that he came before the committee with no agenda. However, he had multiple opportunities to disclose his views to the American people. His refusal to answer so many questions is a clear signal that he chooses to hide his views on privacy, womens health and reproductive freedoms and a host of other fundamental rights. The Senate and the American people can only conclude that his record of hostility on these issues, indeed, is indicative of his agenda. No Senator can claim to trust that Roberts' beliefs will not form the basis for stripping Americans of certain fundamental rights.
President George W. Bush has maintained that Clarence Thomas, an iconic judicial conservative, is his idea of a model Supreme Court justice (along with Justice Antonin Scalia). As the Roberts confirmation hearings ended, the American people were left to conclude that Roberts was nominated because Bush knows that he fits Thomas judicial mold.
The American people do not have a vote on who fills the lifetime job of chief justice of the United States. That is the duty of the Senate. Therefore, we urge Senators to vote no on the confirmation of John G. Roberts Jr. There is too much at stake, otherwise.
The Black Women's Health Imperative is a 501(c)3 not-for-profit education, advocacy, research and leadership development organization that focuses on health issues that disproportionately affect Black women. It is the only national organization solely devoted to ensuring optimum health for Black women across their life span physically, mentally and spiritually.
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