NAWL finds Judge Roberts, Jr. "Qualified"
NAWL finds Judge John G. Roberts, Jr. "Qualified" for the Position of Chief Justice of the United States.
The Committee has a continuing concern, however, based on gaps in information, regarding Judge Roberts's approaches to the full range of legal principles that are essential for the protection and advancement of women's rights. Although the Committee recognizes that it is unlikely to be fully apprised of a nominee's view on all issues of interest, there were opportunities to be more informative about his positions on women's rights, which Judge Roberts declined to take.
The Committee also was troubled by Judge Roberts's unwillingness to comment on the role of the judiciary in reviewing national legislation designed to protect the safety and other rights of women (e.g., such as the federal Violence Against Women Act), despite being given a direct opportunity to speak to the issue.
The hearings did provide additional information in several key areas. The NAWL Committee was encouraged by Judge Roberts's express statements that he has "no agenda, no platform," "will approach every case with an open mind," and that, as part of his judicial philosophy on equal protection, "distinctions on the basis of gender are subject to a heightened scrutiny." The Committee's view is that any other approach would have a significant negative impact on advances made over the last several decades in reversing gender discrimination.
The Committee also relies on Judge Roberts's reaffirmation to the Senate Judiciary Committee, regarding Planned Parenthood v. Casey and principles of stare decisis, that Casey is the "settled law of the land," and there is nothing in his personal views that would prevent him from "fully and faithfully applying the precedent of Casey" or "from applying the precedents of the court faithfully under principles of stare decisis.” In the same vein, the Committee underscored the importance of Judge Roberts's statements in the Senate hearings that the Constitution's right to liberty includes the right of privacy, which is protected substantively and grounded in the liberty interests arising under the due process clause.
