John Roberts, A Conservative of Good Colour

09/29/05 -- Having degrees from the most prestigious universities, respected* by the Bar, feted by the religious right, but diplomatic with the opposition, Justice John Roberts, aged 50, combines all of the qualities George W Bush could wish for presiding over the Supreme Court.

Having been a judge of the Federal Court of Appeal in Washington for two years, John Robers, with blue eyes and energetic face, will bring to the Court a certain continuity. He had been, at the beginning of his career, one of the clerks of William Rehnquist, the President of the Court who died on Saturday who had worked the institution into his own image: very conservative.

For two months, Mr Roberts, as gracious as he is smooth, has been increasing his contact with the senators of both sides in preparation for his public hearings which were to lead to the confirmation of his nomination to the Court, it having been initially been expected that he would replace the centrist Justice, Sandra Day O’Connor.

“A soft and pleasant type�

“The legal career of John Roberts is impressive, his talent respected and there is a general opinon that he is very pleasant,� Harry Reid, the leader of the Democratic senators said in July. Although his fidelity to the Republic Party is not in any doubt, his public positions on important societal subjects, which the Supreme Court tends to shape, have been rather cautious**. Jonathan Turley, Professor of Law at George Washington University, describes him as a “soft and pleasant type, but he is also one of the most conservative judges in the country,� nevertheless he does not present a polemic profile. “He will not be the central moderator of the Court, but a conservative voice, solid and coherent� also predicts Stephen Wermiel, a Supreme Court commentator at the American University of Washington.

The last notable decision of Justice Roberts, handed down in July upholds the validity of exceptional military tribunals created to judge the detainees at Guantanamo. Circumspectly, the American Civil Liberties Union ACLU have taken good note of his action during the adminsistration of George Bush’s father, between 1989 and 1993: reminding that he has also called for the overturning of the 1973 decision of the Supreme Court legalizing abortion, on prayer in schools and for the penalisation of the act of burning the American flag. But Caroline Fredrickson, an officer of the ACLU underlines the fact that Mr Roberts has also defended the rights of homosexuals and pleaded in favour of social security claimants in Washington.

Celebrations from the religious right

The announcement of Mr Roberts’ nomination to the Court in July had immediately mobilized large feminist and pro right of abortion organizations against him, like Now and Naral, as well as the most important civil rights organization, the NAACP. On the other hand, he did attract cordial congratulations from representatives of the religious right.

Mr Roberts, who has a degree from Harvard, is married and the father of two young children, has also occupied legal posts in the Republican government of Ronald Reagan (1981-1986) and worked in an firm of private attorneys from 1986-1989 and then between 1993 and 2003.

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* “adoubé� in the French
** �prudentes� in the French.

--Translated by Katherine Apps

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