Equal
Justice Society Opposes Nomination of
John Roberts as Chief Justice of the U.S. Supreme Court
Statement
by Eva Paterson, President
September 6, 2005
The
Equal Justice Society opposes the nomination of Judge John Roberts
as Chief Justice of the United States Supreme Court and encourages
the Senate to withhold its consent of his nomination, as is their
right according to the Constitution.
Our organization
was in formed in part to advance a progressive view of the law and
the Constitution consistent with the efforts of the attorneys who
fought to eliminate de jure segregation. One of EJS's goals
is to shape a Supreme Court that is fair and independent in order
to reverse the destructive legal legacy of those that seek to restrict
our most basic civil and human rights.
For the
past quarter-century, another group of advocates, including the
Federalist Society and attorneys in the Reagan and Bush Justice
Departments, has attempted to devolve jurisprudence to the era before
Brown and the civil rights movement. The nomination of Judge Roberts
marks another signpost along the Rightward path blazed by the Federalist
Society. The Equal Justice Society stands squarely in favor of a
progressive vision of justice and rejects the judicial ideology
represented by his nomination.
First,
his record - that we know of - reveals a hostility to the values
held by the majority of Americans. Of even greater concern, neither
the Senate nor the public has been told the full story of Judge
Roberts' record. What we do know of him leads us to believe that
his presence on the court will further roll back the federal government's
ability to protect the rights of Americans.
As early
as 1981 -- when the robust implementation of Brown was less than
a decade old and the Civil Rights Act of 1964 was still in its infancy
-- Roberts expressed contempt for affirmative action and other progressive
efforts to undo the present effects of past state-sponsored discrimination.
It is
unclear what status Judge Roberts thinks that people of color should
enjoy in the United States, yet he apparently views as illegitimate
any forthright or effective attempt to remedy the history that has
generated the present state of profound inequity.
In the
mid-1980s - when the disparity between the pay earned by men and
by women for the same work was even greater than it is today - Roberts
levied enthusiastic criticism at the implementation of the Equal
Pay Act, criticizing members of his own party, including then-Congresswoman
Olympia Snowe, for their public support of Washington state employees
who were seeking equal pay. He compared their efforts to Communism,
surely the most derogatory comparison in his vocabulary, given his
apparent value structure.
Judge
Roberts lent his enthusiastic efforts to the Reagan administration's
unrelenting efforts to overturn Roe v. Wade and leave poor
women once again to the brutal ministrations of back-alley abortionists.
The ability of women to have safe and affordable control over their
reproductive lives, free from punitive state interference, is one
of the most important civil rights issues of our generation. Although
observers have noted that Roberts was acting in his capacity as
a lawyer and representative of the administration in those cases,
we believe that Roberts made a choice in aligning himself with an
administration that was bent upon rolling back reproductive rights,
and he contributed his efforts to that cause over the course of
years. He is responsible for the positions that he promoted, whether
or not they represent his personal views.
While the nominee's record provides ample cause for concern, the
larger story here is that we do not have full access to his record.
We have been provided only with portions of his writings that have
been screened and selected by the Administration. As is well known,
this President - who won only a bare majority in one of his two
elections - has governed as an unrepentant and unrelenting extremist.
Having consistently used his office to mislead and misinform the
American people whenever it has suited his purposes to do so, this
President has not earned any trust on the matter of this nomination.
There is much at stake. For the past 13 years, the Supreme Court
has engaged in a silent revolution by rolling back the power of
the federal government to provide for the needs of the American
people and to enforce its laws against the States. Relying upon
19th century precedents that lent their implicit sanction to practices
like Jim Crow and systematic lynchings, this Court has seriously
curtailed many of the progressive victories secured in the halls
of Congress over the last 50 years. There is every indication that
Judge Roberts will join this trend and continue imposing unwarranted
constraints on the power of Congress to provide for the welfare
of the nation and its people.
There
are still a majority of Americans who believe that people of color
are entitled to fair opportunities, that women are entitled to equal
pay for equal work, and that the States should be just as accountable
as private corporations to their employees and their citizens when
they violate federal law.
The person
who will become the next Chief Justice of the Supreme Court should
be a person whose willingness to abide by the precedents that have
given voice to these values is clear and unambiguous.
The Chief
Justice is also the leader of the Court. Chief Justice Earl Warren
helped persuade all nine Justices to strike down 'separate but equal.'
The person who holds this position must be someone who respects
the rights of all.
Judge
Roberts is not that man.
Visit
us at www.equaljusticesociety.org
|