John Roberts

U.S. Supreme Court

Nomination and confirmation

On July 19, 2005, President Bush nominated Roberts to the U.S. Supreme Court, to fill an anticipated vacancy which would be left by the announced retirement of Associate Justice Sandra Day O'Connor. Roberts was the first Supreme Court nominee since Stephen Breyer in 1994. Bush announced Roberts' nomination in a live, nationwide television broadcast from the East Room of the White House.

Related Topics:
July 19 - 2005 - President Bush nominated - U.S. Supreme Court - Associate Justice - Sandra Day O'Connor - Stephen Breyer - 1994 - Television - East Room - White House

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Following the September 3 2005 death of Chief Justice William H. Rehnquist, Bush withdrew Roberts's nomination as O'Connor's successor, and on September 6, announced of Roberts's new nomination to the position of Chief Justice. Bush asked the Senate to expedite Roberts' confirmation hearings in order to fill the vacancy by the beginning of the Supreme Court's session in early October. John Roberts follows in the footsteps of former Chief Justice Warren Burger who was also elevated to the position of Chief Justice directly from the D.C. Circuit Court of Appeals.

Related Topics:
September 3 - 2005 - William H. Rehnquist - September 6 - Warren Burger

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On September 22 the Senate Judiciary Committee approved Roberts' nomination by a vote of 13-5, with Senators Ted Kennedy, Richard Durbin, Charles Schumer, Joe Biden and Dianne Feinstein the dissenting votes. Roberts was confirmed by the full Senate on September 29, passing by a margin of 78-22. All Republicans, 22 Democrats and the lone Independent voted for Roberts; 22 Democrats voted against him. Due to Republican control of the Senate, Roberts's approval was never truly in doubt, but the final vote tally in support of Roberts was higher than many on both sides had expected only a few weeks earlier. Reasons for the total included Roberts's performance during his confirmation hearings, private conversations senators had with Roberts in the days before the final vote, and a strategy by some Democrats in preparation for the upcoming confirmation battle over Sandra Day O'Connor's seat.

Related Topics:
September 22 - Ted Kennedy - Richard Durbin - Charles Schumer - Joe Biden - Dianne Feinstein - September 29 - Sandra Day O'Connor

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Supreme Court career

On September 29, just hours after his Senate confirmation, he took both the Constitutional oath of office and the judicial oath provided for by the Judiciary Act of 1789. He was sworn in by Associate Justice John Paul Stevens at the White House. He was officially "invested" on October 3 2005, prior to the first oral arguments of the 2005 term. At 50, Roberts is the youngest man to have become Chief Justice since John Marshall (that said, many Associate Justices, including Justice Thomas, have joined the Court younger). John Roberts received more Senate votes supporting his nomination than any other nominee for Chief Justice in American history. Other nominees have received higher percentages of votes, but this is usually attributable to the fact that all opposing senators voted on this nomination while, in other chief justice votes, many in opposition simply did not vote or were not present when the vote took place. It was also traditional before the latter 20th century to approve many nominees by voice vote, in which the number in opposition was not noted.

Related Topics:
September 29 - Constitutional - Oath of office - Judiciary Act of 1789 - John Paul Stevens - White House - October 3 - 2005 - John Marshall - 20th century

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Roberts presided over his first oral arguments on October 3, 2005, when the Court began its 2005-2006 session. He presided over oral arguments in separate cases involving labor law and a Kansas case on whether states may tax motor fuel sold on Indian reservations, interrupting periodically to ask questions or advise lawyers as to when their time was up. Ending a week's worth of idle speculation, Roberts opted to wear a plain black robe on his first day, eschewing the gold sleeve-bars added to the Chief Justice's robes by his predecessor.

Related Topics:
October 3 - 2005

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