Hillary: No on Roberts

09/24/2005

Dear DFL Member and Supporter,

With the future of women’s rights, civil rights, and privacy rights at stake, I cannot vote to confirm John Roberts.

I have an obligation to my constituents to make sure that I cast my vote for Chief Justice of the United States for someone I am convinced will be steadfast in protecting fundamental women’s rights, civil rights, privacy rights, and who will respect the appropriate separation of powers among the three branches. After the Judiciary Hearings, I believe the record on these matters has been left unclear. That uncertainty means as a matter of conscience, I cannot vote to confirm despite Judge Roberts’ long history of public service.

In one memo, for example, Judge Roberts argued that Congress has the power to deny the Supreme Court the right to hear appeals from lower courts on constitutional claims involving flag burning, abortion, and other matters. He wrote that the United States would be far better off with fifty different interpretations of the right to choose than with what he called the “judicial excesses embodied in Roe v. Wade.”

When questioned about his legal memoranda, Judge Roberts claimed they did not necessarily reflect his views and that he was merely making the best possible case for his clients or responding to a superior’s request that he make a particular argument. It is hard to believe he has no opinion on so many critical issues after years as a Justice Department and White House lawyer, appellate advocate and judge.

It is telling that President Bush has said the Justices he most admires are the two most conservative justices, Justices Thomas and Scalia. It is not unreasonable to believe that the President has picked someone in Judge Roberts whom he believes holds a similarly conservative philosophy, and that voting as a bloc they could further limit the power of the Congress, expand the purview of the Executive, and overturn key rulings like Roe v. Wade.

I will, therefore, vote against his confirmation. My desire to maintain the already fragile Supreme Court majority for civil rights, voting rights and women’s rights outweighs the respect I have for Judge Roberts’ intellect, character, and legal skills.

Sincerely,
Hillary Rodham Clinton