President Makes a Savvy
Supreme Court Nomination
but Has Infuriated the Opposition
Dear Defender of Marriage;
In
nominating D.C. Court of Appeals Judge John Roberts, Jr. to
the Supreme Court, President Bush has selected a highly regarded
and conservative Washington insider who appears to be a “strict
constructionist” in interpreting the Constitution.
President Bush’s choice of this highly skilled and affable
lawyer has neatly outflanked much of the inevitable opposition
to anyone he picked.
Regarded by many as one of the best legal minds of his generation and one of the most effective advocates before the Supreme Court in recent memory, Judge Roberts won praise, if only grudging, even from some very liberal senators as well as from Sandra Day O’Connor herself.
With less than two years service on the D.C. court, he has the advantage in his confirmation process of having a relatively short “paper trail” of decisions which his opponents can pick apart. He enjoys the further advantage of having recently gone through the confirmation process for his current seat where he was reported by the Judiciary Committee with only 3 dissenting votes and confirmed by consensus.
As a result, he has already weathered many tough questions and the examination of his record and personal and professional life. The Supreme Court, of course, is the highest court in the land with broader powers than any lower court, with the final say on legal questions and the power to reverse established precedent. This means that much more is at stake—for both sides—in the confirmation hearings that Roberts now faces. The result will be a more thorough, detailed, and difficult confirmation process.
Perhaps most important to his confirmation is that it appears to be clear to all but the most liberal senators that his nomination does not come close to meeting the “extraordinary circumstances” test that would justify a filibuster. It is only such extraordinary circumstances that would likely permit a successful filibuster under the agreement reached by the “Gang of 14” senators some weeks ago that forestalled the showdown on the so called “nuclear option” of changing the Senate rules to prohibit filibusters of any judicial nominee.
But liberal opposition groups are determined to block his confirmation. Their attack on Judge Roberts began literally within minutes of his nomination becoming public. They have reportedly raised more than $50 million to oppose anyone the President nominated, and they will spend all that and more in their effort to discredit Judge Roberts and pressure vulnerable senators to vote against him.
His nomination is particularly galling to organizations such as the notorious Center for Reproductive Rights, whose president has declared: “We are alarmed that the President, in nominating John G. Roberts to the nation’s highest court, has chosen someone who in his legal career has advocated for the reversal of Roe v. Wade. That position, had it been accepted by the Supreme Court, would have risked the health and safety and taken away the constitutional right of millions of women.” The Center’s website further urges its readers to “Be prepared: The Supreme Fight Has Begun.”
History has shown that anything can happen in confirmation hearings of a potential justice of the United States Supreme Court, so we cannot afford to simply sit back and hope for the best. The commitment—and deep pockets—of our opposition are very real. Each of us who supports the President in trying to bring more restraint and responsibility to the Supreme Court must still be actively engaged in helping bring that to pass. Moreover, the margin by which Judge Roberts is ultimately confirmed may well influence what kind of nominee President Bush can name when Justice Rehnquist steps down, as many expect will happen in the near future.
Specifically, we are encouraging everyone to contact their two senators to express their support for Judge Roberts and urge that they vote to confirm him. This is important even for liberal senators to let them know that Judge Roberts has strong support from their constituents.
This constituent contact is especially critical in the case of moderate to liberal Republican senators and moderate to conservative Democrats. They will be under particularly intense pressure from the well-funded coalition of opposition liberal groups. These groups know that their only real hope of stopping Judge Roberts’ confirmation is to try to generate strong opposition from their constituents.
You can find complete contact information for your senators here. It is important that you call, write or e-mail them as soon as possible. As it becomes clearer in the weeks ahead which “swing vote” senators need to hear from even more of their constituents in support of Judge Roberts’ confirmation, we will alert you.
This is a rare opportunity for each of us to positively influence the history of our Republic and help shape a dramatically stronger country and healthier society to pass on to future generations. For their sake, we cannot fail because among other things the very future of the family and of family values is at stake.
Please join us in actively supporting the confirmation of Judge Roberts.
Sincerely,
Sheldon Kinsel
Director, Defend Marriage Project
P.S. We still urgently need your financial support for our efforts to help President Bush push Judge Roberts’ nomination through the Senate. For the next six weeks, all contributions to the Defend Marriage Project will be dedicated to supporting this nomination fight. You can easily designate your tax deductible contribution to United Families to go to Defend Marriage project by making it in an amount that ends in .04 cents, such as $25.04, $100.04, etc. Click here to make a secure contribution on line or to print out a form to mail in your contribution.
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United Families International PO Box 2630 Gilbert, AZ 85299-2630
Phone: (480) 632-5450 • FAX: (480) 892-4417