Send news tip to FOXNews.com

SUBMIT

Roberts Counseled O'Connor on Confirmation

Thursday, August 11, 2005

WASHINGTON —  Supreme Court nominee John Roberts (search) advised then-high court nominee Sandra Day O'Connor in 1981 to stand firm in her insistence not to talk about specific court cases like Roe v. Wade, saying it could bring up impropriety and possibly disqualification issues later.

In documents released by the National Archives Thursday, Roberts -- then special assistant to Attorney General William French Smith (search) and assigned to help O'Connor through her confirmation process -- wrote O'Connor to rebut a university professor's memo.

The memo argued that senators can only determine a nominee's views through asking specific questions about specific cases. Answering those questions would not put a justice in danger of having to be disqualified from hearing future cases on that subject if it was made clear that the nominee was not promising to vote one way or the other, the memo said.

That theory should be rejected, Roberts said.

"The suggestion that a simple understanding that no promise is intended when a nominee answers a specific question will completely remove the disqualification question is absurd," Roberts wrote to O'Connor in a Sept. 9 letter. "The appearance of impropriety still remains."

Related

Roberts has been nominated by President Bush to replace O'Connor on the Supreme Court this fall, and senators are jockeying over whether he should answer specific questions on abortion, affirmative action, school prayer and capital punishment.

Following the advice she heard, O'Connor refused to talk to senators about specific cases and was confirmed by the Senate.

Fox News Video
ADVERTISEMENT

Republican Presidential Nomination

RCP Average: McCain +30.4%

  • McCain
  • 56.7%  
  • Huckabee
  • 26.3%  
  • Paul
  • 6.5%  

Democratic Presidential Nomination

RCP Average: Obama +12.2%

  • Obama
  • 52.8%  
  • Clinton
  • 40.6%  

President Bush Job Approval

RCP Average: Spread -35.4%

  • Approve
  • 30.4%  
  • Disapprove
  • 65.8%  

Congressional Job Approval

RCP Average: Spread -56.0%

  • Approve
  • 17.8%  
  • Disapprove
  • 73.8%  

ADVERTISEMENT

ONLY ON FOX

Advertise on FOXNews.com ,FOX News Channel , and FOX News Radio Jobs at FOX News Channel. Internships At Fox News (Deadline for summer applications: Feb. 29, 2008)

Terms of use. Privacy Statement. For FOXNews.com comments write to foxnewsonline@foxnews.com; For FOX News Channel comments write to yourcomments@foxnews.com

This material may not be published, broadcast, rewritten, or redistributed. © 2008 FOX News Network, LLC. All rights reserved. All market data delayed 20 minutes.