Taking a closer look at Roberts

John Roberts, President Bush’s nominee for the open spot on the Supreme Court, has already been confirmed by the Senate once before, to the D.C. Circuit Court of Appeals.  But with a lifetime appointment to the highest court in the land at stake, many are wondering if the outcome be any different this time around?

On Wednesday, NBC News Legal Expert Jonathan Turley joined MSNBC’s Amy Robach to discuss the choice of Roberts, analyzing how he has ruled in the past and how he would potentially impact the court.

To read an excerpt of their conversation, continue to the text below. To watch the video, click on the “Launch” button to the right.

Amy Robach: By most accounts, Judge Roberts is a well-liked, well-respected man in Washington.  That said, do you think the President made a politically wise choice in selecting Roberts?

Jonathan Turley:  Roberts, without question, is someone who comes with the advantage of few actually published opinions.  A few weeks ago, I rated what I called the blank slate candidates and put Roberts on the top and said if the President wanted to go with someone who has few published opinions it would be John Roberts.  And that comes with an advantage but it also may prompt Senators to push a little harder to say we want you to tell us what your position is on things like abortion, affirmative action, etc.  I expect that you’re going to find some hard play in this committee.  I don’t think that John Roberts is going to fully answer those questions.

Robach:  While officially nominating Roberts last night, the President made a reference to a bi-partisan group who fully supported him when he was making his bid for the appeals court.  Also, he was confirmed unanimously by the Senate back in ’03.  There were three Democratic Senators who rejected his nomination in committee.  Do you think it will be different at all with someone with the type of record as far as the votes go, to have any problems at all being confirmed in the Senate?  Do you think it’s going to be relatively easy with some debate but perhaps not as contentious as some are predicting?

Turley:  Well, I think it was a very skillful choice.  The fact that he did get bi-partisan support is going to put a lot of pressure on the Democrats.  They’re going to argue that going to the Supreme Court is a lot different then going to the Court of Appeals.

When Roberts said he would apply Roe v. Wade (in the past), he was saying he had to apply it because he was a lower court judge.  Now as a justice, he could end up killing Roe v. Wade if he wanted to and as we get into these issues you may see more division.

I mean, we heard yesterday, they were using adjectives making him sound like a golden retriever.  You know, he was gentle, loyal and decent.  Those things are going to fall to the wayside and you’re going to have very significant questions.  A lot of doctrines that are hanging by one vote, that one vote will be John Roberts.

Robach:  Let’s talk about Roe v. Wade because as deputy solicitor general under the first President Bush, Roberts wrote that Roe v. Wade should be overturned and that it “finds no support in the text, structure of history of the constitution.”

But we should mention that in a confirmation hearing in 2003 for the Appellate Court seat, he said, Roe v. Wade is the settled law of the land.  “There is nothing in my personal views that would prevent me from fully and faithfully applying that precedent,”  he said. Do you think Roberts has to clear up his position on abortion or will he be able to avoid it?

Turley:  Well, too much I think has been made about that confirmation committee statement.  If he had said the opposite, he would have immediately disqualified himself for the court.  He didn’t have the authority to say, ‘I’m just not going to apply Rove v. Wade.’  The Supreme Court made it the law of the land.  Now he will be in a position to change the law of the land.  If I were to predict anything, I would predict he’d vote with those justices that would narrow or even overturn Roe v. Wade.  He is a very conservative guy. 

Robach:  But he’s not likely to say that in hearings…

Turley:  Oh, I bet they’re going to tell him to rely on that Republican majority, don’t let them push you to far and I would be surprised if he came out with concrete answers to questions like that.

MSNBC Live with Amy Robach and Randy Meier can be seen weekdays from 9 a.m.-Noon.

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