Wanted: More NO Votes on Roberts

Democratic Leader Intends to Vote against Roberts

By Sheryl Gay Stolberg
The New York Times
Tuesday 20 September 2005

Washington - Senator Harry Reid of Nevada, the Democratic leader, said today that he will vote against the confirmation of Judge John G. Roberts Jr. to be the 17th chief justice of the United States, in part because he does not know enough about him.

"No one doubts that John Roberts is an excellent lawyer and an affable person," Mr. Reid said on the Senate floor. "But at the end of this process, I have too many unanswered questions about the nominee to justify a vote confirming him to this enormously important lifetime position."

The move comes as a surprise; many Senate observers expected Mr. Reid, who comes from a Republican-leaning state, to support Judge Roberts. But with a second vacancy on the court, Mr. Reid could be using his vote to send a message to the White House, which must replace Justice Sandra Day O'Connor, a critical swing vote on the court.

Democrats have insisted that Mr. Bush replace Justice O'Connor with a moderate, and Mr. Reid has already declared that several candidates the White House is considering would be unacceptable to Democrats.

"The stakes for the American people could not be higher," Mr. Reid said of the Roberts nomination. "The retirement of Justice O'Connor and the death of Chief Justice Rehnquist have left the Supreme Court in a period of transition. On key issues affecting the rights and freedoms of Americans, the court is closely divided. If confirmed, Judge Roberts, who is only 50 years old, will likely serve as chief justice and leader of the third branch of the federal government for decades to come."

Mr. Reid said Judge Roberts, who now sits on the United States Court of Appeals for the District of Columbia Circuit, had not been forthcoming in all his answers before the Senate Judiciary Committee. Nor did he take the opportunity to repudiate some insensitive remarks he made while a young lawyer in the Reagan administration, Mr. Reid said.

"The question is close," Mr. Reid said, adding that the arguments against the nominee "do not warrant extraordinary procedural tactics to block the nomination." With that clear signal that he does not favor a filibuster against Judge Roberts, confirmation seems very likely despite Mr. Reid's opposition.

Mr. Reid and his Republican counterpart, Senator Bill Frist of Tennessee, have been invited to meet with President Bush Wednesday morning to discuss the second vacancy; the chairman of the Judiciary Committee, Senator Arlen Specter of Pennsylvania, and the committee's senior Democrat, Senator Patrick J. Leahy of Vermont, have also been invited.

With a vote in committee scheduled for Thursday, the eight Democrats on the judiciary panel met this morning to discuss the nomination. They emerged tight-lipped, saying they wanted to speak to the entire Democratic caucus before announcing their votes. At least one, Senator Leahy, said he had not yet reached a decision.

"I'm close," Mr. Leahy said. Asked if he would know by the end of the day, he said, "I may. You won't."