The National Abortion Federation opposes the nomination of Judge John G. Roberts to become Chief Justice of the United States. We opposed Roberts when he was nominated to the District of Columbia Circuit because of his hostility to Roe v. Wade, and opposed his nomination earlier this summer when he was originally nominated to fill Justice O'Connor's seat on the Court. Now the stakes are even higher; it is essential that an individual who honors established precedent and the constitutional right of privacy be chosen for the position of Chief Justice.
Judge Roberts has argued for the reversal of Roe and stated that there was "no support in the text, structure, or history of the Constitution" for the reasoning behind Roe. As Deputy Solicitor General, Roberts co-authored a brief in Rust v. Sullivan arguing that "[w]e continue to believe that Roe was wrongly decided and should be overruled..." in a case where the validity of Roe was not even at issue. Roberts has referred to the fundamental right to privacy as merely a "so-called" right and he has argued for narrow interpretations of other women's rights when it comes to constitutional protection against sex discrimination, equal opportunities in education, and protecting women in the workplace. He even argued against the federal government's protection of women being harassed and physically intimidated at reproductive health clinics.
The Chief Justice holds considerable influence over the Supreme Court's daily business. NAF is very concerned that if confirmed, Roberts would vote to weaken or even overturn Roe. The Bush administration still has not turned over all of the documents that the Senate needs for a close examination of his judicial philosophies on privacy and women's reproductive freedom. The documents that have been released so far have caused great concern over Roberts' views. Since the day he took office in 2001, President Bush has advanced his agenda to restrict women's access to reproductive health care. His nomination of Judge Roberts to head the Supreme Court is another part of this strategy.
Americans will not tolerate retreating to the days of back-alley abortions when women had to sacrifice their lives and health to end an unwanted pregnancy. We call upon the Senate to stand up to President Bush's attempt to steer the Court in a direction that most Americans do not want to see it go. We urge Senators to vote against the confirmation of Judge Roberts as Chief Justice of the United States.
In filling Justice Sandra Day O'Connor's seat on the Court, NAF renews our call for the President to honor Americans' desire for moderate jurists who will uphold the rights and freedoms Americans hold dear. For more than 30 years, Roe v. Wade has protected the lives and health of American women. Roe currently hangs by a thread, with retiring Justice O'Connor providing the crucial fifth vote to protect Roe in the 5-4 Stenberg v. Carhart (Carhart I) decision. A nomination has not yet been made for the remaining vacancy resulting from Justice O'Connor's retirement. We call upon President Bush to respect Americans' desire for Supreme Court nominees who will uphold Roe and a woman's right to a safe and legal abortion.
> Facts about John Roberts
> NAF and Other Leading Women's Organizations Send Letter of Concern about Roberts
Nomination to Senate Judiciary Committee
> NAF's Report on Judge Roberts' Recorda>
> NAF Calls on Senate to Reject Nomination of John Roberts to be Chief Justice of the United
States: Statement of Vicki Saporta, NAF President and CEO
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