From Deseret News archives:
Hatch easy on Roberts: Nominee describes philosophy
How would Roberts describe his judicial philosophy?
"Like most people, I resist the labels," Roberts responded. "I prefer to be known as a modest judge, and to me that means an appreciation that the role of a judge is limited, that a judge is to decide the cases before them. They're not to legislate, not to execute the laws."
Questions from Hatch, the third senator to pose questions to Roberts and the 2nd-ranking Republican on the Senate Judiciary Committee, moseyed along the philosophical, eliciting from Roberts comments about the need to be collegial with fellow justices, respectful of legal precedence and mindful of the separate roles of the executive, legislative and judicial branches of government.
He asked Roberts — a former clerk for and now the likely replacement for the late Chief Justice William Rehnquist — about his interpretation of and intentions regarding the landmark Roe v. Wade abortion ruling and the Casey decision that reaffirmed it. But Hatch clearly does not intend — as Democrats do — to push the nominee over and over to answer questions on such hot-button issues.
"Am I right that Chief Justice Rehnquist repeatedly believed that Roe should be overruled?" Hatch asked.
"That was his view, yes," Roberts said.
Much of the debate over Roberts' nomination is focused on "a woman's right to choose," which according to Sen. Arlen Specter, R-Pa., is the one issue that America is "hanging on." Most members of the committee fired abortion questions at Roberts, who adamantly refused to indicate how he might vote should Roe v. Wade be revisited.
"I think that a general approach results in a modest approach to judging, which is good for the legal system as a whole," Roberts told Hatch. "I don't think the courts should have a dominant role in society, in stressing society's problems."
Roberts told Hatch that he tends not to have an overarching judicial philosophy, but that all good judges will focus on the facts before them and on precedence. And each case is different, he said.
"You have to begin looking at the cases and precedence, what the framers (of the Constitution) had in mind when they drafted that provision," he said.
Hatch, who has been on the committee for nine Supreme Court nominations, cautioned Roberts that he should only answer proper questions but not on his own views on particular issues.
