BUSH TRYING TO TAKE THE MEDIA HEAT OFF ROVE

By the swift and sudden nomination of a Supreme Court Justice

NOW ON ROBERTS

Not good news. -K

John G. Roberts
Nominated to the United States Supreme Court.

Former Deputy Solicitor for Kenneth Starr.

Associate White House counsel for four years under the Reagan Administration.

Overturning Roe was such a primary focus of the Reagan Administration's Justice Department that during an oral argument by the nominee to the Supreme Court a Justice asked, "Mr. Roberts, in this case, are you asking that Roe v. Wade be overruled?" His reply was, "No your honor, the issue doesn't even come up." To this the justice replied, "Well that hasn't prevented the Solicitor General from taking that position in prior cases."*

As Deputy Solicitor General, Roberts argued in a brief before the Supreme Court that "we continue to believe that Roe was wrongly decided and should be overruled. The Court‚s conclusion in Roe that there is a fundamental right to an abortion...finds no support in the text, structure, or history of the Constitution."**

As Deputy Solicitor General, Roberts filed an amicus curiae brief in NOW's case against Operation Rescue ˜ in support of Operation Rescue, of course and in support of named individuals who routinely blocked access to clinics. At the Supreme Court level, that case was called Bray v. Alexandria Women's Health Clinic (it was NOW v. Operation Rescue at the trial and appellate levels). The brief argued that the protesters‚ behavior did not discriminate against women and that blockades and clinic protests were protected speech under the First Amendment. The case helped us push congressional passage of the Freedom of Access to Clinic Entrances (FACE) Act.

Lead counsel for Toyota Motor Manufacturing, Ky, Inc. v. Williams. The case involved a woman who was fired after asking Toyota for accommodations to do her job after being diagnosed with carpal tunnel syndrome. The court ruled that while this condition impaired her ability to work, it did not impair her ability to perform major life activities. Disability rights groups fear that this decision may erode the Americans with Disabilities Act.

Filed an amicus brief in Adarand v. Mineta in Oct. 2001, supporting a challenge to federal affirmative action programs. He also argued against Title IX as applied to the NCAA in NCAA v. Smith.
Sources:
* NARAL
** Brief for the Respondent at 13, Rust v. Sullivan, 500 US 173, 1991