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‘Full, fair’ hearings pledged for court nominee


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The Changing Court 

Roberts also had a meeting with Reid on his schedule. Bush’s pick “has had an impressive legal career” and other fine qualities, the Nevada lawmaker said in remarks on the Senate floor during the day. But, he added, “they do not automatically qualify John Roberts to serve on the highest court of the land.”

He said senators “must be convinced that the nominee will respect constitutional principles and protect the constitutional rights of all Americans.”

Clashes over abortion
Abortion has already surfaced as a point of contention.

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NARAL-Pro Choice America announced its opposition to Roberts even before Bush formally made his selection public in a prime time televised White House appearance on Tuesday.

A group with White House ties unveiled a televised ad campaign aimed at assuring confirmation.

Progress for America called a news conference to announce a television commercial to begin running soon. The group, which coordinates its efforts with presidential aides, pledged in advance to spend at least $18 million on advertising and grass-roots activities to buttress the confirmation prospects of whomever Bush chose.

Abortion, a polarizing issue for lawmakers, will be the “hot button” issue in the confirmation battle, conceded Fred Thompson, the former senator who will shepherd the nomination through the Senate.

At the same time, he cautioned against reading too much into Roberts’ various writings on Roe v. Wade, the Supreme Court decision legalizing abortion.

“Many of the positions he’s taken are positions he took as an advocate ... representing a client,” said Thompson.

Specter, who supports abortion rights, said he was disappointed that some liberal organizations view Roberts as unsuitable over the issue of abortion.

He did say, though, that he felt it appropriate to ask Roberts about his previous statement that Roe v. Wade was settled law. “If he said it’s settled law, it would be relevant to confirm the fact that has been said,” Specter said.

Democrats raised questions and said they would await the hearings to seek answers.

“If he wants to be on the Supreme Court, he has to be more forthcoming .... to convince the American people that a man who could serve on the court for 20 to 30 years really is in the mainstream of American thinking,” said Sen. Dick Durbin, D-Ill., who is a member of the Judiciary Committee.

Contradictory positions on Roe v. Wade?
Democratic concern over Roberts’ abortion views stem from two seemingly contradictory positions that Roberts took on Roe v. Wade, the 1973 Supreme Court decision that legalized abortion.

In a brief that he filed with the Supreme Court while serving as deputy solicitor general in the administration of the first President Bush, Roberts said that Roe v. Wade “was wrongly decided and should be overruled.”

Several years later, he told senators during his 2003 confirmation hearings for his current appellate court post that the decision was “the settled law of the land.”

Thompson said the administration expects lawmakers to ask tough questions about Roberts’ abortion views. But he also said they should distinguish between Roberts’ role as a policy advocate as a one-time deputy solicitor general in a Republican administration and his contrasting role as a jurist.

“It’s not a question of whose side he’s on,” Thompson said. “He’s on the side of the litigant that comes into court with the facts and the law on their side. And he will not be prejudging any cases before the committee or anyone else.”

© 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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