Tipsheet: IU experts comment on confirmation of John Roberts
EDITORS: John Roberts was confirmed by the Senate today (Sept. 29) to be the 17th chief justice of the United States. Several Indiana University School of Law-Bloomington faculty members with notable expertise on the Supreme Court and the American legal system weighed in on his confirmation.
Craig Bradley, James L. Calamaras Professor of Law, former clerk for William H. Rehnquist and editor and co-author of The Rehnquist Legacy (Cambridge University Press, 2005): "I think that John Roberts is an outstanding choice for chief justice. I believe him when he says he is not an 'ideologue' and that he will respect precedent. He will not attempt, nor does he have the power, to 'lead' the Court in any ideological direction that a majority doesn't want to go. I anticipate that he will have a difficult time dealing with at least one of the more cantankerous members of the court." Bradley can be reached at 812-855-1257 or bradleyc@indiana.edu.
Charles Geyh, professor of law, Charles Whistler faculty fellow and author of the forthcoming book When Courts and Congress Collide: The Struggle for Control of America's Judicial System (University of Michigan Press, 2006). "From the moment Roberts was nominated, the result was an almost foregone conclusion. The president wanted a bulletproof candidate, and he got one. The vote is less interesting in terms of what it signifies about (John) Roberts than for what it signifies about the next confirmation proceeding. Unlike Roberts, who replaced a hard-core conservative, the next nominee will replace a swing vote in (Sandra Day) O'Connor. Democrats like (Vermont Sen. Patrick) Leahy, who voted for Roberts, position themselves as reasonable people prepared to cooperate with the president and exhibit an appropriate measure of deference -- which will give them added credibility if they weigh in against the next nominee. Democrats like (Nevada Sen. Harry) Reid and (Indiana Sen. Evan) Bayh, who voted against Roberts, sent a message to the president that Roberts was not a consensus choice, and that if the next nominee is any more controversial, the president will have a fight on his hands." Geyh can be reached at 812-855-3210 or cgeyh@indiana.edu.
Joseph Hoffmann, Harry Pratter Professor of Law and a former clerk for William H. Rehnquist: "John Roberts was a great choice for chief justice because of his cautious and modest judicial temperament. That will prove far more important to the future well-being of the Supreme Court, and American society in general, than Roberts' political views. Let's hope that the next nominee shares those same qualities." Hoffmann can be reached at 812-855-6150 or hoffma@indiana.edu.
Dawn Johnsen, professor of law and former acting assistant attorney general for the Office of Legal Counsel, U.S. Department of Justice: "Those who are concerned that the Roberts Court will move the country in the wrong direction need immediately to focus attention on President Bush's next nominee to replace Justice (Sandra Day) O'Connor, who sits at the middle of the court and has cast the deciding vote on so many issues critical to Americans' lives and liberties." Johnsen can be reached at 812-856-4984 or djohnsen@indiana.edu.
