13-5 vote sends Roberts on his way

13-5 vote sends Roberts on his way

Both parties use the vote to send Bush messages about his next court nomination

By JENNIFER A. DLOUHY, Hearst Newspapers

WASHINGTON -- John G. Roberts Jr. appears to be coasting to easy Senate confirmation next week as the nation's 17th chief justice after winning approval Thursday by the Senate Judiciary Committee. The nomination now goes to the full Senate, which is set to vote Thursday so Roberts can be sworn in before the high court reconvenes Oct. 3.

In the 13-5 vote Thursday, committee Democrats split over the nomination. Five opposed Roberts; three Democrats joined 10 Republicans in supporting him.

Republican and Democratic senators used the committee vote to send competing messages to the administration about what kind of nominee President Bush should choose next. Bush must still fill the seat of retiring Justice Sandra Day O'Connor.

"We're already talking about the next nominee in code," said Sen. Lindsey Graham, R-S.C.

Sen. Herb Kohl, D-Wis., who voted for Roberts, said it "was not an easy" decision, but he would "vote my hopes and not my fears."

Kohl said his ballot might have been different if Roberts, 50, a federal appellate judge, were slated to fill O'Connor's seat, because that could shift the court's balance on many contentious social issues.

Bush first tapped Roberts to fill O'Connor's seat after O'Connor, the nation's first female justice announced her retirement July 1. After Chief Justice William Rehnquist died Sept. 3, the president renominated Roberts for the top spot on the court.

O'Connor has frequently been a swing vote on the Supreme Court, and she is viewed as more moderate than Rehnquist, who was a strong conservative.

Sen. Russell D. Feingold, D-Wis., who backed Roberts along with Patrick J. Leahy, D-Vt., said he had misgivings stemming from what he said was the nominee's "refusal to answer ... reasonable questions" about his views during four days of confirmation hearings last week.

"Future nominees who refuse to answer reasonable questions should not count on my approval," Feingold warned.

On the other side of the aisle, Republicans pleaded with Bush to stick to a pledge he made on the campaign trail and send the Senate a Supreme Court nominee in the mold of Justices Antonin Scalia and Clarence Thomas, two of the court's most conservative members.

"I'm hopeful ... he will live up to his campaign promises," said Sen. Sam Brownback, R-Kan., himself a staunch conservative. "He said he will choose a well-qualified individual who will not make laws from the bench."

Sen. Arlen Specter, R-Pa., chairman of the Judiciary Committee, noted after the meeting that "some of the voting today was calculated to impact on the next nomination."

Specter said that senators who voted in favor of Roberts would be in a better position to oppose the president's next high court nominee without appearing too partisan. Nevertheless, Specter said, "a vote in opposition would put the president on notice that he better put somebody up who was acceptable to a broad spectrum of senators."

Bush is expected to name his choice to succeed O'Connor soon after the Senate votes next week on Roberts. Specter said it was likely the announcement would be made next week.

Source: http://www.newsobserver.com/politics/story/2802040p-9244501c.html

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