The Religious Consultation
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San Francisco Chronicle (USA), July 29, 2005 7 Dem Women Want to Know Roberts' Stand on Privacy Senators say his view is key
to keeping gay, abortion rights Washington -- Seven Senate Democratic women warned Tuesday that they would insist that Supreme Court nominee John Roberts say whether he thinks the Constitution contains an implicit right to privacy, the basis of 40 years of landmark split decisions on abortion and homosexual rights, and future potential controversies over personal records, police surveillance and other social issues. Sen. Barbara Boxer, D-Calif., said that Roberts, nominated last week by President Bush, "is a very affable individual. He is a very likable individual. " But his thin record of written decisions leaves "some confusion where he stands" on privacy, she said. "There can be no confusion." Boxer also signaled new flash points rising from the release of Roberts' memos as a young lawyer during the Reagan administration. Among these is Title IX, the landmark 1972 law prohibiting sex discrimination in education. An expansive reading of the law under the Nixon administration proved an unexpected boon to women's athletics, changing women's perceived role in society and the face of American sports. A 1982 Roberts memo urged the Justice Department not to appeal a federal court ruling limiting Title IX's reach into all programs at a university that received federal funds. The memo said "under Title IX, federal investigators cannot rummage willy- nilly through institutions, but can go only as far as the federal funds go." "That's a very troubling position," Boxer said. "I think that is an area where we are going to see some in-depth questioning." The Bush administration has made efforts to limit Title IX's requirements. A recent 5-4 Supreme Court decision, with Justice Sandra Day O'Connor writing the opinion, found that the act does extend to a male coach who said he was fired for complaining about unfair treatment of a girls high school basketball team in Birmingham, Ala. Roberts was tapped by President Bush last week to fill the O'Connor vacancy, a swing seat on the court and pivotal in controversial decisions. Roberts has received a largely warm reception on Capitol Hill. A former White House counsel, deputy solicitor general, private litigator and now federal appellate judge, Roberts has many friends on both sides of the aisle in Washington and a top-notch legal resume. He also apparently leaves an excellent impression in face-to-face interviews. Liberal opponents have been short on ammunition until the release this week of more than 70,000 pages of documents from his tenure as a young lawyer in Reagan White House counsel's office. Democrats and Republicans continued to spar over the release of more documents from Roberts' time as principal deputy solicitor general in the first Bush administration. Republicans cite a 2002 letter signed by seven solicitor generals and written by Seth Waxman, who held the office under President Clinton, insisting that releasing internal memos would gravely harm the free exchange of ideas necessary to carry out the office's job of defending government policy. Sen. Mitch McConnell, R-Ky., accused Democrats of failing in the first two parts of their three-part attack strategy -- charging insufficient White House consultation and casting Roberts as out of the mainstream -- and now are resorting to their third, "to endlessly request documents about the nominee in a fishing expedition designed to drag the process out as long as possible." Boxer said she does not buy the argument that the solicitor general memos should be withheld. "Whether he's a Democrat or a Republican, John Roberts in the Solicitor General's office was paid by the taxpayers of this country," Boxer said. "We have to see the man's heart, his soul, his mind, and we need to know if he's going to protect the rights of the American people." "I'm sworn to uphold the Constitution," Boxer said. "That's my job, and how can I vote for someone who's a blank slate?" Boxer cited polls showing that most people believe it is more important to judge a nominee on the issues rather than on qualifications. She cited polls showing that a majority of the public favor a right to abortion in most or all circumstances. "They want us to get the information," Boxer said. The Democratic women announced the creation of a new Web site, democrats. senate.gov/AskRoberts, which they said will allow citizens to send in questions they would like the nominee to answer. Sen. Barbara Mikulski, D-Md., is leading the effort, joined by Boxer, Hillary Clinton of New York, Maria Cantwell of Washington and others. Sen. Dianne Feinstein, a California Democrat and the only woman on the Judiciary Committee, did not attend the news conference to announce the Web site, but Mikulski said it has her full support. No Republican women joined the effort, and Sen. Blanche Lincoln, D-Ark., was also absent. The women said they expect Roberts to answer questions on abortion. "I can't wait for the picture to be shown on national television consistently through the hearings ... of a group of men and one woman deciding a very important issue," Cantwell said, referring to Feinstein. "Yes, she will speaking loud and clear, and so will that picture." E-mail Carolyn Lochhead at clochhead@sfchronicle.com. << San Francisco Chronicle -- 7/29/05 >>
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