Judge John Roberts on Monday during his confirmation hearing opening statement before the... Senate Judiciary Committee said that if he were confirmed as chief justice of the Supreme Court, he would "decide every case based on the record, according to the rule of law, without fear or favor," the New York Times reports (Purdum/Toner, New York Times, 9/13). President Bush nominated Roberts to the position after Chief Justice William Rehnquist died of thyroid cancer on Sept. 3. Bush first nominated Roberts in July to replace retiring Supreme Court Justice Sandra Day O'Connor. O'Connor has agreed to remain on the court until her successor is confirmed, so the court's fall term -- which begins Oct. 3 -- could begin with nine sitting justices if Roberts is confirmed as chief justice before that date. The committee on Monday heard opening statements from the committee members and Roberts. The first of at least two rounds of questioning is scheduled to begin on Sept. 13, followed by testimony from the American Bar Association -- which gave Roberts its highest rating -- and 30 witnesses -- 15 called by Republicans and 15 by Democrats. If confirmed, Roberts would become the first new chief justice since 1986 and would fill the first vacancy on the court in 11 years (Kaiser Daily Reproductive Health Report, 9/12).

Roberts', Senators' Comments
Democratic senators on the committee expressed concerns that Roberts would "move the court to the right" on issues such as abortion, and Roberts offered no specifics on his views, the Washington Post reports (Babington/Becker, Washington Post, 9/13). However, during his 6 1/2-minute opening statement which was delivered without notes, he said, "I have no platform," adding, "I have no agenda, but I do have a commitment. If I am confirmed, I will confront every case with an open mind" (Hurt, Washington Times, 9/13). He also said, "Judges have to have the humility to recognize that they operate within a system of precedent, shaped by other judges equally striving to live up to the judicial oath. And judges have to have the modesty to be open in the decisional process to the considered views of their colleagues on the bench" (AP/Seattle Times, 9/13). Roberts reiterated what several Republican committee members had said before him, saying, "Judges are like umpires: Umpires don't make the rules, they apply them," but he also promised to work to protect liberties (Allen, The Hill, 9/13). No senator in either party promised to oppose or support Roberts' nomination, but Sen. Joseph Biden (D-Del.) said he "would have to vote no" on the basis of the judge's written record alone (New York Times, 9/13).

Roe v. Wade Comments From Senators
Sen. Dianne Feinstein (D-Calif.) during her opening statement said, "[O]ne of the most important issues that needs to be addressed by Judge Roberts is the constitutional right to privacy. I am concerned by a trend on the court to limit this right and curtail women's autonomy. It would be very difficult for me to vote to confirm someone to the Supreme Court whom I knew would overturn Roe v. Wade," the 1973 case that effectively outlawed state abortion bans (AP/Bakersfield Californian, 9/12). However, Sen. Lindsey Graham (R-S.C.) during his opening statement said, "My good friend from California has expressed a view about Roe v. Wade, which I completely understand and respect," adding, "I can just tell you, Judge Roberts, there are plenty of women in South Carolina who have an opposite view of abortion" (Lochhead, San Francisco Chronicle, 9/13). Roberts has never written a legal opinion on the issue of abortion as a judge, and his personal views on abortion rights are not known (Kaiser Daily Reproductive Health Report, 9/12).

Antiabortion Group Releases Radio Ads Criticizing Sen. Durbin
National Right to Life Committee on Monday launched radio advertisements on 13 stations in eight Illinois cities that criticize Sen. Dick Durbin (D-Ill.) for hinting at how he will vote on Roberts' nomination based on the judge's responses to questions about the right to privacy, the St. Louis Post-Dispatch reports. One of two people discussing Durbin's views in the ad says, "Our own senator, Dick Durbin, has suggested that the nominee may be disqualified if he does not support the legal theory of Roe v. Wade," adding, "Sounds like Dick Durbin needs a refresher course in Fairness 101." Durbin has never said he would vote to oppose Roberts based on his stance on abortion rights alone, according to the Post-Dispatch. In a statement, Durbin said the ad "totally distorts" his position, adding that he "could not support any nominee that did not acknowledge the existence of a right to privacy" (Roberts, St. Louis Post-Dispatch, 9/12).

NPR's "Morning Edition" on Tuesday reported on the hearing. The segment includes comments from Roberts, Biden, Feinstein and Sen. Orrin Hatch (R-Utah) (Totenberg, "Morning Edition," NPR, 9/13). The complete segment is available online in RealPlayer. In addition, NPR's "All Things Considered" on Monday reported on the opening statements. The segment includes comments from Biden, Feinstein, Hatch, Roberts and Sen. Arlen Specter (R-Pa.) (Totenberg, "All Things Considered," NPR, 9/12). The complete segment is available online in RealPlayer.

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