Roberts nomination to be voted on by Senate

Julia Jacobson JAC03001@BYUI.EDU Scroll Staff

The Senate Judiciary Committee grilled Roberts for three days on his beliefs about different controversial topics. Last week he passed their test on a 13-to-5 vote. Roberts’ nomination for chief justice will now be sent to the full Senate for a vote.

If Roberts passes this test, he will be confirmed the new chief justice of the Supreme Court. 

The U.S. Supreme Court needs new leadership after the deaths of the late Chief Justice, William Rehnquist and newly retired Sandra Day O’Connor. 

Though the Senate Judiciary Committee trial lasted several days, the committee by a fair margin approved Roberts. Experts agree the full Senate will likely approve him, as early as this week, experts say. 

This vote of confidence in Roberts came despite vocal opposition of leading democratic senators, including Senator Ted Kennedy, long-time Massachusetts senator.

“Based on the record available, there is insufficient evidence to conclude that Judge Roberts’s view of the rule of law would include as paramount the protection of basic rights,” Kennedy said. 

After arguing 39 cases before the Supreme Court, Roberts is believed to be one of the most experienced litigators in history. 

Eric Walz, Chair of the History/Pol Sci/Geography Department at BYU-Idaho said that this is a historic occasion. 

“It is unusual to have two vacancies on the court at the same time. In the recent past the actions of the judicial branch have been pivotal in setting the social and political agenda for the nation. Replacing two judges at nearly the same time could affect life in America for the next generation,” he said. 

With the probability of life being affected for generations, the Supreme Court justice nomination process is surprisingly simple. The four steps make the top candidates raise to the top.

Nomination is the first step in the process. Pres. Bush’s White House staff compiled a “short list” of desirable or plausible candidates and analyzed their judicial decisions along with their backgrounds. This helps them develop a profile for each potential candidate.

Step two says the role of the Senate is to provide advice and its consent to the nomination. After a nomination is made, the Judiciary committee holds public hearings and needs a majority vote to confirm a nominee. 

Confirmation vote is the third step in the nomination process. Once the Senate acts, the secretary of the Senate gives the confirmation or rejection to the White House.

Step four is the swearing-in process. 

The Senate will vote Thursday, September 29.