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John G. Roberts, Jr.

John Glover Roberts, Jr. (born January 27, 1955) is an American attorney and jurist. He is currently a judge on the United States Court of Appeals for the District of Columbia Circuit and has previously held positions in two Republican Administrations as well as in private law practice. Wikipedia does not have an article with this exact name. ... Ongoing events • 2005 Atlantic and Pacific hurricanes • 2005 Gujarat Flood • Expo 2005 in Aichi, Japan • Fuel prices • Gomery Comm. ... Image File history File links MSNBC says that this is an undated photo provided by the U.S. Court of Appeals for the District of Columbia Circuit. ... Image File history File links MSNBC says that this is an undated photo provided by the U.S. Court of Appeals for the District of Columbia Circuit. ... January 27 is the 27th day of the year in the Gregorian Calendar. ... 1955 is a common year starting on Saturday of the Gregorian calendar. ... The law of the United States is derived from the common law of England, which was in force at the time of the Revolutionary War. ... The United States federal courts are the system of courts organized under the Constitution and laws of the federal government of the United States. ... The United States Court of Appeals for the District of Columbia Circuit, known informally as the D.C. Circuit, is the federal appellate court for the U.S. district court in Washington, DC. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard... The Republican Party, often called the GOP (for Grand Old Party, although one early citation described it as the Gallant Old Party [1]), is one of the two major political parties in the United States. ... Under the doctrine of the separation of powers, the executive is the branch of a government charged with implementing, or executing, the law. ...

On July 19, 2005, Roberts was nominated by President George W. Bush to fill the vacancy left by the retirement of Associate Justice Sandra Day O'Connor on the U.S. Supreme Court. July 19 is the 200th day (201st in leap years) of the year in the Gregorian Calendar, with 165 days remaining. ... 2005 is a common year starting on Saturday of the Gregorian calendar and is the current year. ... Speculation has abounded over Bush administration candidates for nomination to the Supreme Court of the United States since before his presidency. ... Seal of the President of the United States The President of the United States is the head of state of the United States. ... Order: 43rd President of United States Vice President: Dick Cheney Term of office: January 20, 2001 – Present (Current Term will end on January 20, 2009. ... Associate Justices of the United States Supreme Court are the members of that court other than the Chief Justice. ... Justice Sandra Day OConnor Sandra Day OConnor (born March 26, 1930) has been an Associate Justice of the Supreme Court of the United States since 1981. ... Seal of the Supreme Court The Supreme Court of the United States, located in Washington, D.C., is the highest federal court in the United States. ...

Early life and education

1976 Harvard University yearbook photo of Roberts.

Roberts was born in Buffalo, New York, to Jack and Rosemary Roberts. His father, Jack Roberts, Sr., was an executive at the Bethlehem Steel Corporation. Roberts's family moved to Long Beach, Indiana, a small, affluent town near Lake Michigan, when Roberts was in second grade. Image File history File links Photo of John G. Roberts, Jr. ... Image File history File links Photo of John G. Roberts, Jr. ... Aerial view of downtown Buffalo, New York Buffalo, also known as The Queen City, and the City of Good Neighbors, is an American city in western New York. ... State nickname: Empire State Other U.S. States Capital Albany Largest city New York Governor George Pataki (R) Official languages None (English is de facto) Area 141,205 km² (27th)  - Land 122,409 km²  - Water 18,795 km² (13. ... The Bethlehem Steel Corporation (1857-2003) was the second largest steel producer in the United States, after US Steel but following a 2001 bankruptcy, the company was dissolved and the remaining assets sold to International Steel Group (ISG) in 2003. ... This article needs cleanup. ... State nickname: The Hoosier State Other U.S. States Capital Indianapolis Largest city Indianapolis Governor Mitch Daniels (R) Official languages English Area 94,321 km² (38th)  - Land 92,897 km²  - Water 1,424 km² (1. ... Sunset on Lake Michigan A different sunset on the lake. ...

In 1973, Roberts graduated first in the class of 23 from La Lumiere, a small, all-male Catholic boarding school near LaPorte, Indiana. He studied six years of Latin and some French and was known for his devotion to his studies. He was co-captain of the football team and described himself as a "slow-footed linebacker." He also wrestled, was co-editor of the school newspaper, served on the athletic council and on the Executive Committee of the Student Council. He also took part in choir and drama. 1973 was a common year starting on Monday. ... La Lumiere School is a coeducational lay Catholic boarding and day college-preparatory high school. ... A boarding school is a self-contained educational total institution where students not only study but where some or all students may live. ... LaPorte is a city located in bullshit. ... State nickname: The Hoosier State Other U.S. States Capital Indianapolis Largest city Indianapolis Governor Mitch Daniels (R) Official languages English Area 94,321 km² (38th)  - Land 92,897 km²  - Water 1,424 km² (1. ... Latin was the language originally spoken in the region around Rome called Latium. ... A student newspaper is a newspaper run by university or high or middle school students that covers local and in particular school/university news. ...

He spent three years at Harvard College, having entered as a sophomore, eventually graduating summa cum laude, with a Bachelor of Arts degree in 1976. In 1979, he received his law degree magna cum laude from Harvard Law School (where he was managing editor of the Harvard Law Review). Today Harvard College is the undergraduate portion of Harvard University. ... Latin honors are Latin phrases used by American universities to indicate the level of academic distinction with which an academic degree was earned. ... A Bachelor of Arts (B.A. or A.B.) is an undergraduate academic degree awarded for a course or program in the arts and/or sciences. ... This article is about academic degrees. ... 1976 is a leap year starting on Thursday (link will take you to calendar). ... J.D. redirects here; for alternate uses, see J.D. (disambiguation) J.D. is an abbreviation for the Latin Juris Doctor, also called a Doctor of Law or Doctorate of Jurisprudence, and is the law degree typically awarded by an accredited U.S. law school after successfully completing three years... Latin honors are Latin phrases used by American universities to indicate the level of academic distinction with which an academic degree was earned. ... Harvard Law School (HLS) is one of the professional graduate schools of Harvard University. ... The Harvard Law Review is a journal of legal scholarship published by a student-run group at Harvard Law School. ...

Career

After graduation, Roberts became a law clerk for Henry Friendly on the Second Circuit Court of Appeals, and held this post until the following year. From 1980 to 1981, he was a law clerk to then-Associate Justice William Rehnquist on the Supreme Court. If he is confirmed before the retirement of Rehnquist, he will be the first Supreme Court Justice to serve concurrently with a justice for whom he previously clerked. A law clerk is a person who assists a judge in researching issues before the court and in writing opinions. ... Henry Friendly (1903-1986) served as a judge on the United States Court of Appeals for the Second Circuit on active service from 1959 through 1974 and in senior status from 1974 to 1986. ... The United States Court of Appeals for the Second Circuit is a federal court with appellate jurisdiction over the following United States District Courts: District of Connecticut Northern, Southern, Eastern, and Western Districts of New York District of Vermont The Second Circuit hears argument at the Thurgood Marshall U.S... 1980 is a leap year starting on Tuesday. ... 1981 is a common year starting on Thursday of the Gregorian calendar. ... William Rehnquist Chief Justice William Hubbs Rehnquist (born October 1, 1924) is an American jurist and former law clerk and Assistant Attorney General. ...

From 1981 to 1982, Roberts was a Special Assistant to U.S. Attorney General William French Smith under President Ronald Reagan at the U.S. Department of Justice. In 1982, Roberts became the Associate Counsel to the President under Fred Fielding, and held this post until 1986. 1981 is a common year starting on Thursday of the Gregorian calendar. ... 1982 is a common year starting on Friday of the Gregorian calendar. ... Alberto Gonzales, current Attorney General of the United States The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. ... William French Smith (August 26, 1917–October 29, 1990) was an American lawyer and the 74th Attorney General of the United States. ... Order: 40th President Vice President: George H.W. Bush Term of office: 20 January 1981 – 20 January 1989 Preceded by: Jimmy Carter Succeeded by: George H.W. Bush Date of birth: 6 February 1911 Place of birth: Tampico, Illinois Date of death: 5 June 2004 Place of death: Bel-Air... The United States Department of Justice (DOJ) is a Cabinet department in the United States government designed to enforce the law and defend the interests of the United States according to the law and to ensure fair and impartial administration of justice for all Americans. ... 1982 is a common year starting on Friday of the Gregorian calendar. ... The White House Counsel is a staff appointee of the President of the United States. ... Fred Fisher Fielding (born March 21, 1939) is senior partner at Wiley, Rein, & Fielding, a Washington, D.C. law firm. ... 1986 is a common year starting on Wednesday of the Gregorian calendar. ...

Roberts entered private practice in 1986 as an associate at the Washington, D.C.-based Hogan & Hartson law firm, but left to serve under President George H.W. Bush in the Department of Justice from 1989 to 1993 as Deputy Solicitor General. In this capacity, he argued 39 cases for the government before the Supreme Court, winning 25. 1986 is a common year starting on Wednesday of the Gregorian calendar. ... Aerial photo (looking NW) of the Washington Monument and the White House in Washington, D.C. Washington, D.C., officially the District of Columbia (also known as D.C.; Washington; the Nations Capital; the District; and, historically, the Federal City) is the capital city and administrative district of the... A law firm is a business entity formed by one or more lawyers to engage in the practice of law. ... Order: 41st President Vice President: Dan Quayle Term of office: January 20, 1989 – January 20, 1993 Preceded by: Ronald Reagan Succeeded by: Bill Clinton Date of birth: June 12, 1924 Place of birth: Milton, Massachusetts First Lady: Barbara Pierce Bush Political party: Republican George Herbert Walker Bush, KBE (born June... 1989 is a common year starting on Sunday of the Gregorian calendar. ... 1993 is a common year starting on Friday of the Gregorian calendar and marked the Beginning of the International Decade to Combat Racism and Racial Discrimination (1993-2003). ... The United States Solicitor General is the individual tasked with arguing for the Government of the United States in front of the Supreme Court of the United States, when the government is party to a case. ...

In 1992, Bush nominated Roberts to the U.S. Court of Appeals for the District of Columbia Circuit, but he was not confirmed; no Senate vote was held. When Bush left office after losing the 1992 presidential election, Roberts returned to Hogan & Hartson as a partner and became the head of the firm's appellate practice. He represented 19 states in United States v. Microsoft. The United States Court of Appeals for the District of Columbia Circuit, known informally as the D.C. Circuit, is the federal appellate court for the U.S. district court in Washington, DC. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard... Presidential electoral votes by state. ... United States v. ...

During his second term at Hogan & Hartson, Roberts argued before several appellate courts and several cases before the Supreme Court:

While an attorney at Hogan & Hartson, Roberts accepted an invitation by Florida Governor Jeb Bush to fly to Florida to advise the governor on Republican legal efforts to stop the Florida election recount. U.S. Representative Robert Wexler of Florida's 19th District stated that "the Senate should reject him on the basis of this alone...he is now being rewarded for that partisan service."^[14] Facts of the Case After the October 1987 stock market crash, First Options of Chicago, Inc. ... March 22 is the 81st day of the year in the Gregorian Calendar (82nd in Leap years). ... 1995 was a common year starting on Sunday of the Gregorian calendar. ... May 22 is the 142nd day of the year in the Gregorian calendar (143rd in leap years). ... 1995 was a common year starting on Sunday of the Gregorian calendar. ... January 14 is the 14th day of the year in the Gregorian calendar. ... 1997 is a common year starting on Wednesday of the Gregorian calendar. ... March 3 is the 62nd day of the year in the Gregorian Calendar (63rd in leap years). ... 1997 is a common year starting on Wednesday of the Gregorian calendar. ... Alaska v. ... December 10 is the 344th day (345th in leap years) of the year in the Gregorian calendar. ... 1997 is a common year starting on Wednesday of the Gregorian calendar. ... February 25 is the 56th day of the year in the Gregorian Calendar. ... 1998 is a common year starting on Thursday of the Gregorian calendar, and was designated the International Year of the Ocean. ... January 21 is the 21st day of the year in the Gregorian Calendar. ... 1998 is a common year starting on Thursday of the Gregorian calendar, and was designated the International Year of the Ocean. ... March 31 is the 90th day of the year in the Gregorian Calendar (91st in Leap years), with 275 days remaining, as the final day of March. ... 1998 is a common year starting on Thursday of the Gregorian calendar, and was designated the International Year of the Ocean. ... January 20 is the 20th day of the year in the Gregorian Calendar. ... 1999 is a common year starting on Friday of the Common Era, and was designated the International Year of Older Persons by the United Nations. ... February 23 is the 54th day of the year in the Gregorian Calendar. ... 1999 is a common year starting on Friday of the Common Era, and was designated the International Year of Older Persons by the United Nations. ... Facts of the Case The Hawaiian Constitution limits the right to vote for the nine trustees of the state agency known as the Office of Hawaiian Affairs (OHA). ... October 6 is the 279th day of the year (280th in Leap years). ... 1999 is a common year starting on Friday of the Common Era, and was designated the International Year of Older Persons by the United Nations. ... February 23 is the 54th day of the year in the Gregorian Calendar. ... 2000 is a leap year starting on Saturday of the Gregorian calendar. ... October 2nd is the 275th day (276th in leap years) of the year in the Gregorian Calendar, with 90 days remaining. ... 2000 is a leap year starting on Saturday of the Gregorian calendar. ... November 28 is the 332nd day (333rd on leap years) of the year in the Gregorian calendar. ... 2000 is a leap year starting on Saturday of the Gregorian calendar. ... November 29 is the 333rd (in leap years the 334th) day of the year in the Gregorian calendar. ... 2000 is a leap year starting on Saturday of the Gregorian calendar. ... March 20 is the 79th day of the year in the Gregorian Calendar (80th in Leap years). ... 2001 is a common year starting on Monday of the Gregorian calendar. ... November 7 is the 311th day of the year (312th in leap years) in the Gregorian Calendar, with 54 days remaining. ... 2001 is a common year starting on Monday of the Gregorian calendar. ... January 8 is the 8th day of the year in the Gregorian Calendar. ... 2002 is a common year starting on Tuesday of the Gregorian calendar. ... January 7 is the 7th day of the year in the Gregorian calendar. ... 2002 is a common year starting on Tuesday of the Gregorian calendar. ... April 23 is the 113th day of the year in the Gregorian Calendar (114th in leap years). ... 2002 is a common year starting on Tuesday of the Gregorian calendar. ... January 16 is the 16th day of the year in the Gregorian Calendar. ... 2002 is a common year starting on Tuesday of the Gregorian calendar. ... June 20 is the 171st day of the year (172nd in leap years) in the Gregorian Calendar, with 194 days remaining. ... 2002 is a common year starting on Tuesday of the Gregorian calendar. ... April 24 is the 114th day of the year in the Gregorian Calendar (115th in leap years). ... 2002 is a common year starting on Tuesday of the Gregorian calendar. ... June 20 is the 171st day of the year (172nd in leap years) in the Gregorian Calendar, with 194 days remaining. ... 2002 is a common year starting on Tuesday of the Gregorian calendar. ... October 8 is the 281st day of the year (282nd in leap years). ... 2002 is a common year starting on Tuesday of the Gregorian calendar. ... January 15 is the 15th day of the year in the Gregorian Calendar. ... 2003 is a common year starting on Wednesday of the Gregorian calendar. ... November 13 is the 317th day of the year (318th in leap years) in the Gregorian Calendar, with 48 days remaining. ... 2002 is a common year starting on Tuesday of the Gregorian calendar. ... March 5 is the 64th day of the year in the Gregorian Calendar (65th in leap years). ... 2003 is a common year starting on Wednesday of the Gregorian calendar. ... List of Governors of Florida: Florida Governors Military Government Territorial Government Statehood Categories: Lists of United States governors | Governors of Florida | Government of Florida ... John Ellis Jeb Bush (born February 11, 1953), a Republican, is the 43rd and current Governor of Florida. ... The Florida Recount of 2000 was a period of vote re-counting that occurred following the unclear results of the 2000 US presidential election. ... Seal of the House of Representatives The United States House of Representatives is one of the two houses of the Congress of the United States, the other being the Senate. ... Robert I. Wexler (born January 2, 1961), American politician, has been a Democratic member of the United States House of Representatives since 1997, representing the 19th District of Florida. ...

President George W. Bush looks on as Roberts delivers remarks on the State Floor of the White House, Tuesday evening, July 19, 2005.

George W. Bush nominated Roberts to the Circuit Court of Appeals for the District of Columbia on May 9, 2001, but the nomination—along with 29 others—failed to make it out of the Senate Judiciary Committee. He was renominated on January 7, 2003, to replace James L. Buckley. The U.S. Senate confirmed Roberts on May 8, and he received his commission on June 2, 2003. Some Democrats had objected to Roberts's nomination; during the nomination hearing, Senator Edward Kennedy of Massachusetts expressed concern, and Senator Charles Schumer of New York criticized Roberts for declining to cite court rulings with which he disagreed. Image File history File links U.S. President George W. Bush looks on as his Supreme Court Justice Nominee John G. Roberts, Jr. ... Image File history File links U.S. President George W. Bush looks on as his Supreme Court Justice Nominee John G. Roberts, Jr. ... Order: 43rd President of United States Vice President: Dick Cheney Term of office: January 20, 2001 – Present (Current Term will end on January 20, 2009. ... The southern side of the White House The White House is the official residence and principal workplace of the President of the United States. ... July 19 is the 200th day (201st in leap years) of the year in the Gregorian Calendar, with 165 days remaining. ... 2005 is a common year starting on Saturday of the Gregorian calendar and is the current year. ... May 9 is the 129th day of the year in the Gregorian Calendar (130th in leap years). ... 2001 is a common year starting on Monday of the Gregorian calendar. ... January 7 is the 7th day of the year in the Gregorian calendar. ... 2003 is a common year starting on Wednesday of the Gregorian calendar. ... James Lane Buckley (born March 9, 1923 in New York City) was a United States Senator from the Conservative Party of New York State from January 3, 1971 to January 3, 1977. ... Seal of the Senate The United States Senate is one of the two houses of the Congress of the United States, the other being the House of Representatives. ... May 8 is the 128th day of the year in the Gregorian Calendar (129th in leap years). ... In law a commission is a patent which allows a person to take possession of a state office and carry out official acts and duties. ... 2 June is the 153rd day of the year in the Gregorian calendar (154th in leap years), with 212 days remaining. ... 2003 is a common year starting on Wednesday of the Gregorian calendar. ... Edward Kennedy Edward Moore Ted Kennedy, (born February 22, 1932, in Brookline, Massachusetts) is a Democratic U.S. senator from Massachusetts. ... State nickname: Bay State Other U.S. States Capital Boston Largest city Boston Governor Mitt Romney (R) Official languages English Area 27,360 km² (44th)  - Land 20,317 km²  - Water 7,043 km² (25. ... Office: Senior Senator, New York Political party: Democratic Term of office: January 1999 – Present Preceded by: Al DAmato Succeeded by: Incumbent (2011) Date of birth: November 23, 1950 Place of birth: Brooklyn, New York Marriage: Iris Weinshall Charles Ellis Chuck Schumer (born November 23, 1950) is the senior Senator... State nickname: Empire State Other U.S. States Capital Albany Largest city New York Governor George Pataki (R) Official languages None (English is de facto) Area 141,205 km² (27th)  - Land 122,409 km²  - Water 18,795 km² (13. ...

On July 19, 2005, Bush nominated Roberts to replace Sandra Day O'Connor as an Associate Justice on the U.S. Supreme Court. Roberts became the first Supreme Court nominee since Stephen Breyer in 1994. Bush announced Roberts's nomination in a live, nationwide television broadcast beginning at 9:02 p.m. EDT in the East Room of the White House (though the choice had already been leaked and reported by the Associated Press at 7:44 p.m. EDT, 76 minutes before the official announcement). Roberts stood at Bush's side and made some short comments after the president's remarks were finished. The broadcast ended at 9:09 p.m. July 19 is the 200th day (201st in leap years) of the year in the Gregorian Calendar, with 165 days remaining. ... 2005 is a common year starting on Saturday of the Gregorian calendar and is the current year. ... Justice Stephen Breyer Justice Stephen Gerald Breyer (born August 15, 1938) has been an Associate Justice of the U.S. Supreme Court since 1994. ... 1994 was a common year starting on Saturday of the Gregorian calendar, and was designated the International year of the Family. ... Eastern Daylight Time or EDT is equal to Eastern Standard Time + 1, or UTC - 4. ... The East Room is one of the largest rooms in the White House, the home of the President of the United States. ... The southern side of the White House The White House is the official residence and principal workplace of the President of the United States. ... Associated Press logo This article concerns the news service. ...

Personal life and memberships

Roberts is currently a member of the American Academy of Appellate Lawyers, the American Law Institute, the Edward Coke Appellate American Inn of Court, and the National Legal Center for the Public Interest.^[15] He serves on the Federal Appellate Rules Advisory Committee. The American Law Institute (ALI) was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. ... The National Legal Center for the Public Interest is a law and educational foundation with a membership of many prominent conservative lawyers. ...

If confirmed, Roberts would become the second sitting justice to have graduated from Harvard College (along with David Souter) and the sixth sitting judge to attend Harvard Law School (Souter, Stephen Breyer, Antonin Scalia, and Anthony Kennedy all graduated from Harvard Law School, while Ruth Bader Ginsburg attended there for two years). He would be the 109th justice to serve on the court. Justice David Souter Justice David Hackett Souter (born September 17, 1939) has been a US Supreme Court Associate Justice since 1990. ... Justice Stephen Breyer Justice Stephen Gerald Breyer (born August 15, 1938) has been an Associate Justice of the U.S. Supreme Court since 1994. ... Justice Antonin Scalia Justice Antonin Scalia (born March 11, 1936) has been a U.S. Supreme Court Associate Justice since 1986. ... Justice Anthony Kennedy For other people of the same name, see Anthony Kennedy (disambiguation). ... Justice Ruth Bader Ginsburg Justice Ruth Joan Bader Ginsburg (born March 15, 1933) is a United States jurist. ...

Roberts lives in Bethesda, Maryland. Both he and his wife, Jane Marie Sullivan Roberts, are Catholics who attend the Little Flower Parish in Bethesda. Roberts has three sisters—Kathy, Peggy, and Barbara—and is the second oldest of his siblings. The Robertses have two children, Josephine ("Josie") and Jack, both of whom were adopted. Jack's dancing during Bush's White House introduction of his father brought the four-year-old international media attention. Jane Roberts was previously the vice-president of Feminists for Life, a feminist pro-life organization that opposes abortion and the death penalty. Panoramic view of downtown Bethesda Bethesda is an urbanized, but unincorporated, area in Montgomery County, Maryland, near Washington, D.C.. It takes its name from a church located there, the Bethesda Presbyterian Church (built 1820), which in turn was named from a passage in the Christian New Testament. ... State nickname: Old Line State; Free State Other U.S. States Capital Annapolis Largest city Baltimore Governor Robert L. Ehrlich Official languages English Area 32,160 km² (42nd)  - Land 25,338 km²  - Water 6,968 km² (21%) Population (2000)  - Population 5,296,486 (19th)  - Density 165 /km² (5th) Admission into... Jane Marie Sullivan Roberts is a lawyer with the firm of Pillsbury Winthrop Shaw Pitman and the wife of United States Supreme Court nominee John G. Roberts, Jr. ... Feminists for Life (FFL) is a nonsectarian, nonpartisan, nonprofit, pro-life feminist organization established in 1972. ... Pro-life feminism is opposition to abortion on the claimed basis of feminism, which asserts that abortion has served to hurt women more than it has benefited them. ... Capital punishment, also referred to as the death penalty, is the judicially ordered execution of a prisoner as a punishment for a serious crime, often called a capital offense or a capital crime. ...

Views

During Judiciary Committee hearings on his nomination to the circuit court, Roberts testified on his background and views on jurisprudence.[16] Roberts was subsequently approved by the Senate by unanimous consent. [17] Unanimous consent, in parliamentary procedure, refers to situations in which a motion can pass if no one present objects. ...

General approach to the Constitution

I don’t have an overarching, guiding way of reading the Constitution.[18]

The Commerce Clause

[S]tarting with McCulloch v. Maryland, Chief Justice Marshall gave a very broad and expansive reading to the powers of the Federal Government and explained that—and I don’t remember the exact quote—but if the ends be legitimate, then any means chosen to achieve them are within the power of the Federal Government, and cases interpreting that, throughout the years, have come down. Certainly, by the time Lopez was decided, many of us had learned in law school that it was just sort of a formality to say that interstate commerce was affected and that cases weren’t going to be thrown out that way. Lopez certainly breathed new life into the Commerce Clause. I think it remains to be seen, in subsequent decisions, how rigorous a showing, and in many cases, it is just a showing. It’s not a question of an abstract fact, does this affect interstate commerce or not, but has this body, the Congress, demonstrated the impact on interstate commerce that drove them to legislate? That’s a very important factor. It wasn’t present in Lopez at all. I think the members of Congress had heard the same thing I had heard in law school, that this is an important—and they hadn’t gone through the process of establishing a record in that case.[19] Holding Although the Constitution does not specifically give Congress the power to establish a bank, it does delegate the ability to control national economic policy, which a bank can be considered part of. ... Portrait of Chief Justice John Marshall John Marshall (September 24, 1755–July 6, 1835), Chief Justice of the United States and principal founder of American constitutional law and the Supreme Court of the United States power of judicial review. ... United States v. ...

Federalism

[S]imply because you have a problem that needs addressing, it’s not necessarily the case that Federal legislation is the best way to address it...[T]he constitutional limitation doesn’t turn on whether it’s a good idea. There is not a ‘‘good idea’’ clause in the Constitution. It can be a bad idea, but certainly still satisfy the constitutional requirements.[20]

Judicial activism and deference to legislatures

[T]he Supreme Court has, throughout its history, on many occasions described the deference that is due to legislative judgments. Justice Holmes described assessing the constitutionality of an act of Congress as the gravest duty that the Supreme Court is called upon to perform ...[I]t’s a principle that is easily stated and needs to be observed in practice, as well as in theory. Now, the Court, of course, has the obligation, and has been recognized since Marbury v. Madison, to assess the constitutionality of acts of Congress, and when those acts are challenged, it is the obligation of the Court to say what the law is. The determination of when deference to legislative policy judgments goes too far and becomes abdication of the judicial responsibility, and when scrutiny of those judgments goes too far on the part of the judges and becomes what I think is properly called judicial activism, that is certainly the central dilemma of having an unelected, as you describe it correctly, undemocratic judiciary in a democratic republic.[21] Oliver Wendell Holmes Jr. ... Holding Section 13 of the Judiciary Act of 1789 is unconstitutional to the extent it purports to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. ...

Record as an attorney

[T]here is a longstanding tradition in our country -- dating back to one of the more famous episodes, of course, being John Adams’ representation of the British soldiers involved in the Boston Massacre -- that the positions a lawyer presents on behalf of a client should not be ascribed to that lawyer as his personal beliefs or his personal positions.[22]

On Roe v. Wade

Roe v. Wade is the settled law of the land...There is nothing in my personal views that would prevent me from fully and faithfully applying that precedent.[23]

As an appeals court judge, Roberts was bound to enforce the precedent from the higher Court in Roe.

Neutrality

Judge Roberts has specifically disassociated himself from cases he was involved with during his tenure as Deputy Solicitor General, writing a footnote to a 1994 law review article that read: 1994 was a common year starting on Saturday of the Gregorian calendar, and was designated the International year of the Family. ... A law review is a scholarly journal focusing on legal issues, published by an organization of students at a law school. ...

"In the interest of full disclosure, the author would like to point out that as Deputy Solicitor General for a portion of the 1992-'93 term, he was involved in many of the cases discussed below. In the interest of even fuller disclosure, he would also like to point out that his views as a commentator on those cases do not necessarily reflect his views as an advocate for his former client, the United States."

1992 is a leap year starting on Wednesday of the Gregorian calendar. ... 1993 is a common year starting on Friday of the Gregorian calendar and marked the Beginning of the International Decade to Combat Racism and Racial Discrimination (1993-2003). ...

Notable arguments on behalf of clients

As Deputy Solicitor General

(arguing for the results sought by his client, the President of the United States)

• Abortion. Roberts is listed as a coauthor on a brief before the Supreme Court in Rust v. Sullivan, 500 U.S. 173 (1991), defending the validity of a Department of Health and Human Services regulation that prohibited recipients of funding under the Public Health Service Act from not only providing abortions, but also counselling, advising, or promoting the idea that a woman seek an abortion:

We continue to believe that [Roe v. Wade] was wrongly decided and should be overruled. As more fully explained in our briefs, filed as amicus curiae, in Hodgson v. Minnesota, 110 S. Ct. 2926 (1990); Webster v. Reproductive Health Services, 109 S. Ct. 3040 (1989); Thornburgh v. American College of Obstetricians and Gynecologists, 476 U.S. 747 (1986); and City of Akron v. Akron Center for Reproductive Health, 462 U.S. 416 (1983), the Court's conclusions in Roe that there is a fundamental right to an abortion and that government has no compelling interest in protecting prenatal human life throughout pregnancy find no support in the text, structure, or history of the Constitution. [24] Brief redirects here. ... ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... 1991 is a common year starting on Tuesday of the Gregorian calendar. ... The United States Department of Health and Human Services, often abbreviated HHS, is a Cabinet department of the United States government with the goal of protecting the health of all Americans and providing essential human services. ... Holding Texas laws criminalizing abortion violated womens Fourteenth Amendment right to choose whether to continue a pregnancy. ... Definition and Explanation: Amicus curiæ (Latin for friend of the court; plural amici curiæ) briefs are legal documents filed by non-litigants in appellate court cases, which include additional information or arguments that those outside parties wish to have considered in that particular case. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... Webster v. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, and Australia to uniquely identify the location of past court cases in special series of books called reporters. ...

The brief in question lists the following authors: Michael J. Astrue, General Counsel; Joel Mangel, Deputy Chief Counsel; Carol C. Conrad, Attorney, Department of Health and Human Services; Kenneth W. Starr, Solicitor General; Stuart M. Gerson, Assistant Attorney General; John G. Roberts, Jr., Deputy Solicitor General; Jeffrey P. Minear, Assistant to the Solicitor General; Anthony J. Steinmeyer, Lowell v. Sturgill, Jr., Attorneys. A General Counsel is the chief lawyer of a legal department, usually in a corporation or government department. ... Kenneth Winston Starr (born July 21, 1946) is an American lawyer and former judge who was appointed to the Office of the Independent Counsel to investigate the Whitewater land transactions by President Clinton. ... The Solicitor General is a cabinet position in several countries, dealing with legal affairs. ...

For further discussion of Roberts's views on Roe, see his comments at the Judiciary Committee hearings under "Views."

• Environmental regulation. Roberts argued against the private citizen's right to sue the federal government for violations of environmental regulations in Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992).
• Separation of Church and State. Roberts wrote in a brief for Lee v. Weisman, 505 U.S. 577 (1992), that Lemon v. Kurtzman was wrongly decided, stating that "[t]he problem, of course, is not the language or history of the First Amendment. The problem is Lemon."

Holding Respondents, wildlife conservation and other environmental organizations, filed an action in the Federal Courts, seeking a declaratory judgment that the new regulation erred as to § 7(a)(2)s of the Endangered Species Act (1973)s geographic scope, and an injunction requiring the Secretary of the Interior to promulgate... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... Lee v. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... 1992 is a leap year starting on Wednesday of the Gregorian calendar. ... In Lemon vs. ...

Private law practice

(arguing for the results sought by his clients)

• Environmental regulation. In the case Bragg v. West Virginia Coal Association, Roberts argued on behalf of the National Mining Association in support of the legality of mountaintop removal.
• Business-labor relations. In a case before the Supreme Court, Roberts argued on behalf of mining companies who wanted to use criminal contempt fines to force the end of a strike which had been ruled unlawful. The case, United Mine Workers of America v. Bagwell, 512 U.S. 821 (1994), ended in a ruling in favor of the unions, with the majority opinion authored by Justice Harry Blackmun. [25]

Mountaintop removal in West Virginia. ... Holding A fine for contempt that could not be purged by compliance with the order of the court was a criminal contempt, and could not be assessed without a jury trial. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... 1994 was a common year starting on Saturday of the Gregorian calendar, and was designated the International year of the Family. ... Justice Harry Blackmun Harold Andrew Blackmun (November 12, 1908 – March 4, 1999) was an Associate Justice of the Supreme Court of the United States from 1970 to 1994. ...

Judicial opinions

Roberts has authored nearly 40 opinions in his two years in the D.C. Circuit but has elicited only two dissents on his decisions, and on the many other cases he has heard in that time, he has authored only two dissenting opinions of his own. His past rulings that are most likely to be discussed in his upcoming confirmation hearing dealt the following issues:

Fourth and Fifth Amendments

The D.C. Circuit case Hedgepeth v. Washington Metro Authority, 284 F. Supp. 2d 145, involved a twelve-year-old girl who was invited to incriminate herself as an illegal drug user, taken into custody, handcuffed, driven to police headquarters, booked, and fingerprinted because she violated a publicly-advertised zero tolerance "no eating" policy in a Washington D.C. metro station by eating a single french fry. Roberts wrote for a 3-0 panel affirming a district court decision that dismissed the girl's complaint, which was predicated on the Fourth and Fifth Amendments. Roberts began his opinion by noting, "No one is very happy about the events that led to this litigation," and pointing out that the policies under which the girl was "apprehended" have since been changed. Roberts concluded the court was not authorized to second-guess the appropriateness of the District's policies: "The question before us," Roberts wrote, "is not whether these policies were a bad idea, but whether they violated the Fourth and Fifth Amendments to the Constitution." This language is reminiscent of Justice Potter Stewart's dissent in Griswold v. Connecticut, in which that jurist wrote "We are not asked in this case to say whether we think this law is unwise, or even asinine. We are asked to hold that it violates the United States Constitution. And that, I cannot do." Zero tolerance is a strict approach to rule enforcement. ... Aerial photo (looking NW) of the Washington Monument and the White House in Washington, DC. Washington, D.C., officially the District of Columbia (also known as D.C.; Washington; the Nations Capital; the District; and, historically, the Federal City) is the capital city and administrative district of the United... For other meanings of the word chip see CHIPS (disambiguation) French fries, chips, or pommes frites are potatoes that have been cut and deep-fried (i. ... Amendment IV (the Fourth Amendment) of the United States Constitution, which is part of the Bill of Rights, guards against unreasonable searches and seizures. ... Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ... Justice Potter Stewart Potter Stewart (January 23, 1915 - December 7, 1985) was an Associate Justice of the United States Supreme Court. ... Holding A Connecticut law criminalizing the use of contraceptives violated the right to marital privacy. ...

Military tribunals

In Hamdan v. Rumsfeld, Roberts was part of a unanimous panel overturning the district court ruling and upholding military tribunals set up by the Bush administration for trying terrorism suspects known as enemy combatants. Circuit Judge A. Raymond Randolph, writing for the court, ruled that Hamdan, a driver for al-Qaeda leader Osama bin Laden [26], could be tried by a military court because (1) the military commission had the approval of Congress; (2) the Third Geneva Convention is a treaty between nations and as such it does not confer individual rights and remedies enforceable in U.S. courts; and (3) even if the Convention could be enforced in U.S. courts, it would not be of assistance to Hamdan at the time because, for a conflict such as the war against al-Qaeda (considered by the court as a separate war from that against Afghanistan itself) that is not between two countries, it guarantees only a certain standard of judicial procedure without speaking to the jurisdiction in which the prisoner must be tried. The court held open the possibility of judicial review of the results of the military commission after the current proceedings have ended.[27] Hamdan v. ... What constitutes a military tribunal varies according to nation and sometimes even military branch and regional jurisdiction. ... This term is used by the United States to describe a person whom has been designated by the President of the United States as such. ... Al-Qaeda (Arabic: القاعدة, the foundation or the base) is the name given to a worldwide network of militant Islamist organizations under the leadership of Osama bin Laden. ... Osama bin Laden Usāmah bin Muhammad bin `Awad bin Lādin (born July 30 or March 10, 1957) (Arabic: ), commonly known as Osama bin Laden (Arabic: ), is usually considered to be the leader of al-Qaeda, a Sunni Islamist network that has been involved in attacks against civilians and... A congress is a gathering of people, especially a gathering for a political purpose. ... The Third Geneva Convention (GCIII) primarily regarded the treatment of prisoners of war (POWs), and also touched on other topics. ...

Environmental regulation

On the U.S. Court of Appeals, Roberts wrote a dissenting opinion regarding Rancho Viejo, LLC v. Norton, 323 F.3d 1062, a case involving the protection of a rare Californian toad under the Endangered Species Act. When the court denied a rehearing en banc, 334 F.3d 1158 (D.C. Cir. 2003), Roberts dissented, arguing that the original opinion was wrongly decided because it focused on the effects of the regulation, rather than the activity itself, on interstate commerce. In Roberts's view, the Commerce Clause of the Constitution did not permit the government to regulate activity affecting what he called "a hapless toad" that "for reasons of its own lives its entire life in California." Nevertheless, he said that he might be willing to sustain the constitutionality of the Endangered Species Act on other grounds. The Endangered Species Act of 1973 was one of dozens of environmental laws passed in the 1970s in the United States. ... En banc or in bank is a term used to refer to the hearing of a case by all the judges of a court. ... Article I, Section 8, Clause 3 of the United States Constitution empowers the United States Congress To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. The Commerce Clause has been the subject of intense constitutional and political disagreement centering on the extent to... Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, empowers the United States Congress To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. ... State nickname: The Golden State Other U.S. States Capital Sacramento Largest city Los Angeles Governor Arnold Schwarzenegger (R) Official languages English Area 410,000 km² (3rd)  - Land 404,298 km²  - Water 20,047 km² (4. ...

Other opinions

During his time on the Circuit Court of Appeals for the District of Columbia Judge Roberts wrote opinions for the following cases:

September 18 is the 261st day of the year (262nd in leap years). ... 2003 is a common year starting on Wednesday of the Gregorian calendar. ... October 21 is the 294th day of the year (295th in leap years) in the Gregorian Calendar, with 71 days remaining. ... 2003 is a common year starting on Wednesday of the Gregorian calendar. ... September 19 is the 262nd day of the year (263rd in leap years). ... 2003 is a common year starting on Wednesday of the Gregorian calendar. ... October 24 is the 297th day of the year (298th in leap years) in the Gregorian Calendar, with 68 days remaining. ... 2003 is a common year starting on Wednesday of the Gregorian calendar. ... October 14 is the 287th day of the year (288th in Leap years). ... 2003 is a common year starting on Wednesday of the Gregorian calendar. ... November 21 is the 325th day of the year (326th in leap years) in the Gregorian Calendar. ... 2003 is a common year starting on Wednesday of the Gregorian calendar. ... September 17 is the 260th day of the year (261st in leap years). ... 2004 is a leap year starting on Thursday of the Gregorian calendar. ... October 26 is the 299th day of the year (300th in leap years) in the Gregorian Calendar, with 66 days remaining. ... 2004 is a leap year starting on Thursday of the Gregorian calendar. ... April 4 is the 94th day of the year in the Gregorian calendar (95th in leap years). ... 2005 is a common year starting on Saturday of the Gregorian calendar and is the current year. ... July 22 is the 203rd day (204th in leap years) of the year in the Gregorian Calendar, with 162 days remaining. ... 2005 is a common year starting on Saturday of the Gregorian calendar and is the current year. ...

Sources

Wikinews has a related story:

Bush nominates John G. Roberts for U.S. Supreme Court

News articles Wikinews logo. ...

• "Appellate judge Roberts is Bush high-court pick." MSNBC. July 19, 2005. [33]
• Argetsinger, Amy, and Jo Becker. "The nominee as a young pragmatist: under Reagan, Roberts tackled tough issues." Washington Post. July 22, 2005. [34]
• Barbash, Fred, et al: "Bush to nominate Judge John G. Roberts Jr." Washington Post. July 19, 2005. [35]
• Becker, Jo, and R. Jeffrey Smith. "Record of accomplishment—and some contradictions." Washington Post. July 20, 2005. [36]
• Bumuller, Elisabeth, and David Stout: "President chooses conservative judge as nominee to court." New York Times. July 19, 2005. [37]
• Entous, Adam. "Bush picks conservative Roberts for Supreme Court." Reuters. July 19, 2005. [38]
• Kallestad, Brent. "Roberts helped counsel Jeb Bush." Associated Press. July 21, 2005. [39]
• Lane, Charles. "Federalist affiliation misstated: Roberts does not belong to group." Washington Post. July 21, 2005. [40]
• Lane, Charles. "Short record as judge is under a microscope." Washington Post. July 21, 2005. [41]
• Groppe, Maureen, and John Tuohy. "If you ask John where he's from, he says Indiana." Indianapolis Star. July 20, 2005. [42]
• Guren, Adam M. "Alum tapped for high court." Harvard Crimson. July 19, 2005. [43]
• McFeatters, Ann. "John G. Roberts Jr. is Bush choice for Supreme Court." Pittsburgh Post-Gazette. July 19, 2005. [44]
• Riechmann, Deb. "Federal judge Roberts is Bush's choice." Associated Press. July 20, 2005. [45]
• "Who Is John G. Roberts Jr.?" ABC News. July 19, 2005. [46]

Government/official

• "President announces Judge John Roberts as Supreme Court nominee." Office of the Press Secretary, Executive Office of the President. [47]
• "Roberts, John G., Jr." Federal Judicial Center. [48]
• "John G. Roberts biography." Office of Legal Policy, U.S. Department of Justice. [49]
• "Biographical Sketches of the Judges of the U.S. Court of Appeals for the DC Circuit." United States Court of Appeals for the District of Columbia Circuit. [50]
• John G. Roberts Questionnaire for Appeals Court Confirmation Hearing (p. 297-339) and responses to Questions from Various Senators (p. 443-461) [51] (large PDF file)

Other Portable Document Format (PDF) is a file format developed by Adobe Systems for representing documents in a manner that is independent of the original application software, hardware, and operating system used to create those documents. ...

• Coffin, Shan