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 Topic: Personal Values and Beliefs

 Senator: DeWine

 Date: SEPTEMBER 14, 2005

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DEWINE: Thank you. Judge, just one final comment: Yesterday, Senator Grassley asked you whether you think that there is, and I quote, "any room in constitutional interpretation for the judge's own values or beliefs." In response, you said, and I quote, "No, I don't think there is. Sometimes it's hard to give meaning to a constitutional term in a particular case, but you don't look to your own values and beliefs. You look outside yourself to other sources," end of quote. You contained by saying that, and I quote, "Judges wear black robes because it doesn't matter who they are as individuals. That's not going to shape their decision. It's their understanding of the law that will shape their decision," end of quote.


Now, Judge, I know what you meant by that answer: Judges should not impose their own preferences from the bench. In fact, I said pretty much the same thing in my opening statement on Monday. But, Judge, putting on a black robe does not mean that judge should lose his character. You, sir, have a perfect resume and, certainly, an outstanding professional career. But a Supreme Court justice is more than just impeccable academic credentials and impressive accomplishments. President Bush nominated John Roberts, the man. America has gotten to know John Roberts, the man. And I'm quite sure that the Senate is in fact going to confirm John Roberts, the man. Over the past several months, we've examined your life, met with you in private, and now questioned you about your beliefs. Throughout this time, your honesty, your integrity, your wisdom and, dare I say, your values have shown through. I would just say, sir, please don't check any of that at the door when you walk into the Supreme Court. By becoming John Roberts the chief justice, don't ever forget to be John Roberts, the man.


DEWINE: I think this country needs you to remember how you got here and who you met along the way. We need you to bring to the court your compassion and your understanding for the lives of others who haven't been as successful as you have been. We need you to bring to the court your strong commitment to equal justice for all. And we need you to always remember that your decisions will make a real difference in the lives of real people. When you put on that black robe and assume your spot on the Supreme Court, you will surely bring with you your heart and your soul, the values you learned from your parents and others that you learned as you grew up in the wide, open fields of your youth. Those values are strong, they are true. The president saw them when he nominated you. And we are certainly seeing them this week. I must say, sir, they must never leave you.


Justice Felix Frankfurter gave this same advise to his colleagues in 1949. "There comes a point," Justice Frankfurter wrote, "where this court should not be ignorant as judges of what we know as men. Great justices are more than just legal automatons, legal technicians. They are more than just that. And though they lose their individuality when they put on a black robes, great justices never forget who they are." I wish you well. Thank you, sir.


ROBERTS: Thank you, Senator.


SPECTER: Thank you very much, Senator DeWine.



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