Topic: Personal Views - The Legacy & Influence of Justice Rehnquist
Senator: Graham
Date: SEPTEMBER 13, 2005
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SPECTER: Senator Graham?
GRAHAM: Thank you, Mr. Chairman.
I imagine the reason that you argued different positions is because people paid you. Is that correct?
ROBERTS: That's how I made my living, Senator.
GRAHAM: OK. I can relate to that.
I imagine it must be very hard to figure out what Congress intends. Do you agree with that?
ROBERTS: Sometimes it's easier than others and sometimes it's hard to read the tea leaves.
GRAHAM: I can relate to that also.
I want to read an excerpt from the National Association of Women Lawyers and their evaluation of you -- 8/30/05 -- "As a lawyer and judge, based on interviews the committee conducted, Judge Roberts has treated individual women lawyers fairly and with respect, has fostered careers of women lawyers, has been helpful in enabling women to address work/life balance issues while advancing professionally, and has been consistently described as respectful to female colleagues, female lawyers appearing before him and female employees."
GRAHAM: You've been asked about every case, I think, ever written by anyone. I would like to talk to you a little about life.
The idea of judging you based on this section of the commerce clause and that section of the commerce clause is important, but I think most Americans want to know a little bit about you.
And from what I can tell, the people who've worked with you and against you generally like you, and that you've been described as brilliant, one of the best legal minds of your time, well-qualified.
The adjectives go on and on. And I want the record to reflect: That comes from people who know you the best. The best indication of a good lawyer is how people on the other side think of you. And we'll get some excerpts from the record to put that into the record.
Apparently, from what I can tell, you've conducted your life in a noble, honorable manner; that you've been a good litigant; and that you have fought for your causes and you have done so to earn respect of those on both sides of the aisle.
But there's a greater issue here about who you are.
Justice Rehnquist was your mentor, is that correct?
ROBERTS: He's certainly someone from whom I learned a great deal, yes.
GRAHAM: OK.
So if I was trying to figure out who John Roberts is and a little bit about him, I will ask this question: Write the legacy of Justice Rehnquist for a minute or two. What would you say if given that task?
ROBERTS: Well, you know, I think if you were able to ask him, he would talk about being a grandfather, being a father...
GRAHAM: I'm asking you.
ROBERTS: ... being a husband.
GRAHAM: I'm asking you.
ROBERTS: But the important point is that those were important things in his life and he appreciated the need to recognize that those are the most important things.
With respect to the law to which he devoted his professional life, I think a big part of the legacy that he leaves is a Supreme Court in which all of the members respected and admired him because of his fairness in administering the court and conducting the important responsibilities like managing the conference and assigning opinions.
GRAHAM: You can go back in history and look at what other chief justices did.
Some were -- in terms of that administrative responsibility -- some were disasters.
You look at Harlan Stone, his idea of running the conference, he said what he thought, then the next senior justice said what he thought. Then Justice Stone critiqued that. Then the next justice, and then Justice Stone critiqued that.
And the result was the conferences went on for days and everybody ended up hating each other.
So he ran a good ship. I think we all agree with that. And his colleagues respected him whether they disagreed with him or not.
But the basic question is, when you write about the legacy of a Supreme Court justice, you write more than about being a grandfather -- more about running a tight ship, especially chief justice: Would you agree with the idea that, from a conservative point of view, he was the gold standard?
ROBERTS: I think he was a very effective advocate on the bench for a view of the Constitution that is one of limited and separated powers.
GRAHAM: Do you share that view?
ROBERTS: I do. I think that the -- now, I have to tell you that whether as a judge on the court of appeals or if I am confirmed on the Supreme Court, I will certainly be my own man and there are...
GRAHAM: No one is doubting that. No one is doubting that you will not try to be fair. But the big thing, 30,000-foot view of you, is that when you look at Judge Roberts, you're looking at someone in the mold of a Rehnquist. Is that a fair assessment?
ROBERTS: Well, you know, I admire the late chief justice very much. But I will have to insist that I will be my own man and I hesitate to be put in anybody's mold. And I would certainly approach the cases according to the judicial philosophy that I have developed over the years.
In many respects, it's similar to his: in its recognition, I think, of the limited role that judges should have, an appropriate modesty and humility, a recognition that...
GRAHAM: The idea of a dramatic departure under your watch from the Rehnquist era is probably not going to happen, is that true?
ROBERTS: Given my view of the role of a judge which focuses on appropriate modesty and humility, the notion of dramatic departures is not one that I would hold out much hope for.
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