[Congressional Record (Bound Edition), Volume 149 (2003), Part 8]
[Senate]
[Pages 10826-10827]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

 NOMINATION OF JOHN G. ROBERTS, JR., OF MARYLAND, TO BE UNITED STATES 
           CIRCUIT JUDGE FOR THE DISTRICT OF COLUMBIA CIRCUIT

  Mr. HATCH. I ask unanimous consent that the Senate immediately 
proceed to executive session to consider the nomination of John 
Roberts, to be a circuit judge for the DC Circuit.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. HATCH. Mr. President, I am pleased that we are considering the 
nomination of John Roberts, who has been nominated by President Bush to 
serve on the United States Court of Appeals for the District of 
Columbia.
  Mr. Roberts was first nominated to this post by President George H.W. 
Bush in 1992. He has been nominated for this post by two different 
Presidents on three separate occasions, and has waited more than 11 
years for his confirmation, so I am glad to see that this day has 
finally come when we can expect a vote by the full Senate on his 
nomination.
  Mr. Roberts has exceptional experience as a Supreme Court and 
appellate advocate. He has argued an astounding 39 cases before the 
Supreme Court and has argued in every Federal circuit court of appeals. 
His Supreme Court practice consists of seeking and opposing Supreme 
Court review, preparing amicus curiae briefs, and helping to prepare 
other counsel to argue before

[[Page 10827]]

the Court. His clients have included large and small corporations, 
trade organizations, nonprofit organizations, States, and individuals.
  Mr. Roberts is one of the most accomplished and brilliant legal minds 
that I have seen in my 27 years as a member of the Senate Judiciary 
Committee. Not surprisingly, the ABA awarded him its highest possible 
rating of unanimously well-qualified. He is widely regarded as one of 
the best appellate attorneys of his generation. After reviewing his 
legal accomplishments it is easy to see why his colleagues have such 
respect and admiration for him. I would like to read excerpts from a 
few of the many letters his colleagues have sent the committee 
discussing his professionalism, character, and open-mindedness.
  The first letter is from 156 members of the Bar of the District of 
Columbia, including such legal powerhouses as Boyden Gray, who was 
counsel to the first President Bush, and Lloyd Cutler, who was counsel 
to President Carter and Clinton. The letter states:

       Although, as individuals, we reflect a wide spectrum of 
     political party affiliation and ideology, we are united in 
     our belief that John Roberts will be an outstanding federal 
     court of appeals judge and should be confirmed by the United 
     States Senate. He is one of the very best and most highly 
     respected appellate lawyers in the nation, with a deserved 
     reputation as a brilliant writer and oral advocate. He is 
     also a wonderful professional colleague both because of his 
     enormous skills and because of his unquestioned integrity and 
     fair-mindedness. In short, John Roberts represents the best 
     of the bar and, we have no doubt, would be a superb federal 
     court of appeals judge.

  The committee also received a letter signed by 13 of his former 
colleagues at the Office of the Solicitor General. The letter states:

       Although we are of diverse political parties and 
     persuasions, each of us is firmly convinced that Mr. Roberts 
     would be a truly superb addition to the federal court of 
     appeals. As the Committee will doubtless hear from many 
     quarters, John is an incomparable appellate lawyer. Indeed, 
     it is fair to say that he is one of the foremost appellate 
     lawyers in the country. . . . The Office then, as now, 
     comprised lawyers of every political affiliation--Democrats, 
     Republicans, and Independents. Mr. Roberts was attentive to 
     and respectful of all views, and he represented the United 
     States zealously but fairly. He had the deepest respect for 
     legal principles and legal precedent--instincts that will 
     serve him well as a court of appeals judge.

  Now I would like to make a few comments about Mr. Roberts's 
impressive background. He entered Harvard College with sophomore 
standing, where he earned a bachelor's degree in history, summa cum 
laude, then a law degree, magna cum laude. While in law school, he was 
an editor of the Harvard Law Review.
  Following graduation, Mr. Roberts clerked for Judge Henry Friendly on 
the Second Circuit and for then-Justice William Rehnquist on the 
Supreme Court. His public service career included terms as Associate 
Counsel to President Reagan and Principal Deputy Solicitor General. He 
currently heads the appellate practice group for the prestigious DC law 
firm Hogan and Hartson, where his practice has focused on Federal 
appellate litigation.
  Mr. Roberts has been involved with a variety of high-profile and 
significant legal cases. He has argued on different sides of a variety 
of different issues, firmly establishing his reputation as a lawyer's 
lawyer.
  Beyond being considered by many to be one of the premier Supreme 
Court litigators of his generation, the record of John Roberts 
establishes that he is undeniably mainstream and fair. In fact, while 
in private practice Mr. Roberts has repeatedly been hired by Democratic 
public officials and has repeatedly argued what many consider to be the 
so-called liberal side of cases.
  In protecting the environment during the 2002 case of Tahoe-Sierra 
Preservation Council v. Tahoe Regional Planning Agency, Mr. Roberts 
successfully argued in the U.S. Supreme Court, on behalf of a State 
regulatory agency, in favor of limits on property development and in 
support of protection of the pristine Lake Tahoe Basin area. 
Environmental groups hailed the majority decision, saying it would help 
protect America's countryside from suburban sprawl.
  In supporting consumer rights during the 2001 landmark Microsoft 
antitrust case, Mr. Roberts argued on behalf of the Clinton Department 
of Justice and a group of primarily Democratic State attorneys general 
that Microsoft's business practices violated the Sherman Act.
  In addition, Mr. Roberts has devoted much of his time to pro bono 
work. For instance, he represented a class of District of Columbia 
residents receiving welfare benefits, arguing that a particular change 
in eligibility standards that resulted in a termination of welfare 
benefits without an individual hearing denied class members procedural 
due process.
  In another pro bono case, United States v. Halper, Mr. Roberts was 
invited by the Supreme Court to represent Mr. Halper, who had been 
previously convicted under Federal criminal law for filing false 
Medicaid claims. He successfully argued that the Double Jeopardy Clause 
barred the imposition of civil penalties under Federal law against an 
individual who had been convicted and punished under criminal law for 
the same conduct.
  Mr. Roberts also participates extensively in the pro bono program of 
his firm, assisting his colleagues prepare pro bono appeals on matters 
such as termination of parental rights, minority voting rights, noise 
pollution at the Grand Canyon, and environmental protection of Glacier 
Bay.
  I have every confidence that Mr. Roberts will make a great addition 
to the DC Circuit. He is an exceptionally well-qualified jurist who has 
distinguished himself as one of the best in the legal profession. I am 
confident that Mr. Roberts will serve with distinction on the DC 
Circuit, and I ask for my colleagues' full support of his nomination.
  Mr. President, I ask unanimous consent that the nomination be 
confirmed, the motion to reconsider be laid upon the table, the 
President be immediately notified of the Senate's action, and the 
Senate then return to legislative session.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The nomination considered and confirmed is as follows:


                             THE JUDICIARY

       John G. Roberts, Jr., of Maryland, to be United States 
     Circuit Judge for the District of Columbia Circuit.

  Mr. HATCH. I move to reconsider the vote.
  Mr. REID. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. REID. It is my understanding that this judge has waited about 10 
years. He has been nominated several times.
  Mr. HATCH. He has waited 12 years, through three nominations, by two 
different Presidents.
  Mr. REID. He is the 124th judge we have approved for the Bush 
administration. The record is 124 to 2.
  Mr. HATCH. Keep in mind, as of tomorrow, those two will be waiting 
for 2 solid years. We need to get them done, too. I call on my 
colleagues on the other side to get rid of their wicked and evil ways 
and allow these people to have votes up and down.
  Mrs. BOXER. I object.
  Mr. HATCH. I heard an objection from the other side.
  I yield the floor.

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