AP Photo by Pablo Martinez Monsivais U.S. Supreme Court nominee John Roberts and pallbearer for Chief Justice William H. Rehnquist, left, walks past Associate Justice Sandra Day O'Connor as the casket bearing the body of Chief Justice William H. Rehnquist is brought to the Supreme Court, Tuesday, Sept. 6, 2005, in Washington. In the two days of ceremony honoring the nation's 16th chief justice, the casket will lie in repose at the Supreme Court where he devoted more than three decades of his life.

The Sept. 3 death of Chief Justice William H. Rehnquist left another open position on the court. At age 80, Rehnquist served for 33 years and battled thyroid cancer for over a year. In early September Roberts was re-nominated for the Supreme Court- this time for the position of chief justice.

Roberts is now presented with the opportunity to replace his mentor and friend. He clerked for Rehnquist from 1980-1981 and was saddened by the chief justice’s death.

“Last week [Sept. 3, 2005]…Chief Justice William Rehnquist, was laid to rest…His dedication to duty over the past year was an inspiration to me and, I know, to many others. I will miss him,” said Roberts in his address to the senate.

Roberts received a juris doctor degree from Harvard Law School in 1979. Over the years he worked as an appellate lawyer in Washington, D.C. He also served as associate counsel to the White House during the Reagan administration. In the early 1990s he was deputy solicitor general of the Department of Justice.

He has served as a judge on the U.S. Circuit Court of Appeals in D.C. since June 2003. At 50-years-old Roberts would be the youngest Supreme Court chief justice in 200 years and only the 17th person to hold the position.

The Senate Judiciary Committee is responsible for confirming nominees and began questioning Roberts on Sept. 12. In his opening statement to the committee Roberts emphasized that he has no agenda.

“Judges and justices are servants of the law, not the other way around. Judges are like umpires. Umpires don't make the rules; they apply them,” he said.

“If I am confirmed, I will confront every case with an open mind…and I will decide every case based on the record, according to the rule of law, without fear or favor, to the best of my ability. And I will remember that it's my job to call balls and strikes and not to pitch or bat.”

During the hearings Roberts avoided the delicate issues on affirmative action, church-state separation and abortion rights.

Some activist groups are speaking out against the nominee. According to CNN, some civil rights leaders and anti-abortion groups oppose Roberts.

“Judge Roberts is on the wrong side of history,” said Representative John Lewis of Georgia. “Judge Roberts' memos reveal him to be hostile to civil rights, affirmative action and the Voting Rights Act [passed in 1965 affording Blacks the right to vote].”

In a statement issued Sept. 14, Planned Parenthood declared Roberts “unfit to occupy the most important position on the court.”

During the Sept. 15 Senate confirmation hearing, committee member Senator Charles Schumer criticized Roberts for his refusal to answer questions on significant issues.

“You did speak at length on many issues and sounded like you were conveying your views to us but when one went back and read the transcript each evening, there was less than met the ear that afternoon,” Schumer told Roberts. “Perhaps that's the job of a good litigator, but in too many instances it didn't serve the purpose of the hearing.”

The committee is scheduled to vote on Sept. 22, followed by a full Senate vote the week of Sept. 26. Republican committee chairman Arlen Specter feels Roberts will be approved by Sept. 29, according to the Reuters news agency. If confirmed, Roberts will begin his term as chief justice when the Supreme Court resumes on Oct. 3.

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