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Tue Jul 19 19:12:48 MDT 2005
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Tuesday, July 19, 2005
CHANGING OF THE GUARD
Judge wrote high court brief
arguing Roe wrongly decided
Posted: July 19, 2005
8:22 p.m. Eastern
© 2005 WorldNetDaily.com
Judge John Roberts
President Bush selected appeals court Judge John Roberts to fill
the U.S. Supreme Court vacancy left by the retiring Sandra Day
O'Connor, according to a senior administration official.
Notably, Roberts co-wrote a Supreme Court brief for the first Bush
administration which argued that the 1973 Roe v. Wade decision
that overturned state laws banning abortion was wrongly decided.
With interest groups from both left and right poised for action,
speculation in Washington earlier today centered on Judge Edith
Clement of the U.S. Court of Appeals in New Orleans to the Supreme
Clement, 57, is known as a conservative and a strict
constructionist in legal circles, but she stated in her 2001
Senate hearing that the Supreme Court "has clearly held that the
right to privacy guaranteed by the Constitution includes the right
to have an abortion" and that "the law is settled in that
Roberts was appointed to the D.C. Circuit in 2003 by Bush. He also
was nominated by the president's father but never received a
Before his appointment, he practiced at Hogan & Hartson from 1986
to 1989 and 1993-2003.
He served as principal deputy solicitor general in the first Bush
During the Reagan administration, he served as a special assistant
to the attorney general from 1981 to 1982 and as associate counsel
to the president from 1982 to 1986.
Roberts attended Harvard College and Harvard Law School and
clerked for Judge Henry Friendly on the 2nd Circuit and for Chief
Justice William Rehnquist.
Roberts, 50, is married with two children.
At a news conference today, President Bush told reporters, "I'll
let you know when I'm ready to tell you who it is. ... I'm
confident about where we are in the process."
Commenting on the type of person he would choose, the president
said, "I do have an obligation to think about people from
different backgrounds, but who share the same philosophy, people
who will not legislate from the bench."
Bush said yesterday his "desire is to get this process moving so
that someone will be confirmed whoever he or she is will be
confirmed by October" when the court reconvenes.
According to The Hill newspaper, White House officials assured
select conservative leaders today that they would not nominate
Attorney General Alberto Gonzales.
The paper said the message filtered out to conservative activists
that Gonzales, whom many activists believe would be too liberal on
abortion and racial preference issues, was no longer a threat to
Other names under consideration were Edith Jones, also a member of
the New Orleans-based 5th U.S. Circuit Court of Appeals; Maura
Corrigan of the Michigan Supreme Court; Cecilia M. Altonaga, a
U.S. District Court judge for the Southern District of Florida; a
Harvard Law School Professor Mary Ann Glendon; Karen Williams of
the 4th U.S. Circuit Court of Appeals in Richmond, Va.
Two recently confirmed judges also were mentioned -- Janice Rogers
Brown of the U.S. Court of Appeals for the District of Columbia
Circuit and Priscilla Owen of the 5th U.S. Circuit Court of
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