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Advertisement | Roberts Documents ReleasedHigh Court Nominee Pushed For Limited Court Role On Social Issues| Page 1 of 2 WASHINGTON, July 27, 2005 ![]() ![]() Judge Roberts' H.S. Pal TalksDouglas Newcombe, who went to high school in LaPorte, Ind., with Judge John Roberts tells CBS News that the U.S. Supreme Court nominee is a man of integrity and fairness. | Share/Embed (AP) Supreme Court nominee John Roberts as a young government lawyer pushed for a limited Supreme Court role on hot-button issues in the 1980s such as death penalty appeals, newly released documents show. Senate Democrats quickly pressed for the release of more material that would shed light on the high court nominee's views. Roberts was 26 when he served in the Justice Department as a special assistant to Attorney General William French Smith during the Reagan administration. The 1981-82 files released Tuesday by the National Archives paint a picture of a politically savvy attorney who showed some impatience with "judicial activism." One issue Roberts focused on was appeals by prisoners, who in the 1980s had several avenues of challenging their sentences in both state and federal courts. Since then, courts generally have limited prisoners' options, with justices this past term clashing over how closely they should scrutinize death penalty sentences by state courts. The availability of federal court appeals, "particularly for state prisoners, goes far to making a mockery of the entire criminal justice system," Roberts wrote in a Nov. 12, 1981, memorandum, decrying the endless appeals that "obscures the rare serious claim." Roberts also counseled former President Ronald Reagan's administration against some affirmative action policies, issuing a strong criticism of a U.S. Commission on Civil Rights report urging broader use of racial preferences. He noted that a city police department had recruited minority cadets only to see them fail or drop out. "There is no recognition of the obvious reason for failure: The affirmative action program required the recruiting of inadequately prepared candidates," Roberts wrote. Death penalty, affirmative action and abortion are all divisive issues on which Sandra Day O'Connor, the retiring justice whom Roberts has been nominated to replace, has been the swing vote. In recent terms, she has voted to uphold the use of race in college admissions and expressed concern about attorney competency in death penalty cases, so Roberts' views offer some insight in how key decisions could change. As Roberts, 50, continued to make courtesy calls on senators Tuesday, Senate Republicans and the White House worked to try to assure a confirmation vote before the court begins a new term. "Our duty is to have a justice seated by the first Monday in October, which is October 3rd," said Sen. Arlen Specter, R-Pa., chairman of the Senate Judiciary Committee. Specter said he would convene hearings as early as Aug. 29 if necessary to meet that timetable. A later date perhaps Sept. 6 also was possible, he said, depending on what type of assurances Democrats were willing to make. Vermont Sen. Patrick Leahy, senior Democrat on the Judiciary Committee, said he wanted to cooperate with the Republican party. "But moving forward on a schedule will also require the White House's cooperation with senators in answering their questions about this nomination," Leahy added. Leahy and other Democrats on the panel wrote to President George W. Bush that they were disappointed that the White House has declared some documents off limits. Continued 1 |
2 By Hope Yen ©MMV The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. | Advertisement McCain Denies Misstatement On Iraq SurgeAriz. Senator Pushes Back Against Criticism Of Comments Made During CBS News Interview |
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