FOX NEWS - The Big Story with John Gibson - Why Some Democrats Are Attacking John Roberts

FOX NEWS - The Big Story with John Gibson
August 17, 2005

Why Some Democrats are Attacking Judge Roberts

JOHN GIBSON, HOST: In our "Political Smackdown," Democratic Senator Patrick Leahy goes on a tirade against the president's pick for Supreme Court justice, Judge John Roberts. And, of course, he is not the only one.

Are the Dems really upset with Judge John Roberts, or are they just looking for a fight, any fight, with President Bush?

I'm joined now by Jay Sekulow, chief counsel for the American Center for Law and Justice, which specializes in constitutional law, and Bill Press, a radio talk show host and former chair of the California Democratic Party.

BILL PRESS, RADIO TALK SHOW HOST: Hi, John.

GIBSON: So Bill, as usual, this is on you. I am going to you, first.

PRESS: Great. Easy burden. Easy burden here.

(CROSSTALK)

GIBSON: Didn't Leahy just demonstrate there's really no reason to pay any attention to him on this? He's going to oppose Bush on whoever. And no matter how reasonable other Democrats are, Leahy is going to say no to whoever Bush sends?

PRESS: John, I've got news for you, OK? No president in history has ever gotten a free pass on their Supreme Court nominees, and this one is not going to get a supreme -- a free pass, either. And he should not expect it. Democrats are going to look at John Roberts...

GIBSON: But that isn't what they said, Bill. Leahy said he would vote no against him in any case.

(CROSSTALK)

PRESS: Wait a minute. No, no, no, no. He did not say he would vote no against him.

No Democrat -- no Democrat has yet said they would vote no. The people who are playing politics on this are the Republicans. They all immediately embraced John Roberts, only because he was appointed by a Republican president, not...

(CROSSTALK)

GIBSON: I thought I saw a few Democrats embrace him.

PRESS: No, not one Democrat has said he's going to vote against him.

(CROSSTALK)

JAY SEKULOW, CHIEF COUNSEL, AMERICAN CENTER FOR LAW AND JUSTICE: Bill, those aren't even the right -- those aren't even the right facts. As you know, Patrick Leahy came out after the president nominated John Roberts and specifically stated that if John Roberts was inclined to not support the Roe v. Wade right, that he would think even a filibuster would be appropriate.

So what you're seeing now, John, is a beholden attitude.

PRESS: That's not...

SEKULOW: Hold it, Bill. Bill, what they're doing -- the Senate Democrats feel like they owe the liberal interest groups on the left some kind of response. All of us that practice at the Supreme Court of the United States, whether you're on the right or whether you're on the left, knows that John Roberts, number one, is tremendous advocate. He's going to conduct himself fantastic before the Judiciary Committee.

Number two, if he has argued -- and he has -- 39 cases before the Supreme Court, he'll be able to answer the appropriate questions by these senators when they are asked. They should not be allowed -- to which they are already saying, you cannot ask a judge how they're going to rule on a particular case.

(CROSSTALK)

GIBSON: Bill, did you tell me -- but Bill, did you say just a second ago that Leahy did not say he was going to oppose Roberts no matter what?

PRESS: You're right. Leahy has said that he believes -- he believes from what he's seen so far that John Roberts is part of a cadre, is the word he used, of extremists who want to undermine some of the basic rights that Americans now enjoy, have long enjoyed.

SEKULOW: Yes, like the right to have a silent prayer at a school.

PRESS: I'm going to finish this sentence. I'd like to finish this sentence.

SEKULOW: I mean, give me a break.

PRESS: He has not said he will vote no. In fact, not one Democrat yet has said they will vote against John Roberts. They want to see...

GIBSON: Bill, what am I to take...

(CROSSTALK)

GIBSON: What am I to take from Pat Leahy saying he thinks Roberts is part of a cadre?

SEKULOW: Cadre. That's exactly what he said.

PRESS: So what?

SEKULOW: Well, hold it. You know, that -- you k now, there is a "so what" to that, Bill.

PRESS: Wait a minute. Oh, come on.

SEKULOW: John Roberts, number one, is a tremendous lawyer, he's been an excellent judge. He hasn't even sat down for his first question yet, and he's being prejudged.

Look, is John Roberts going to be confirmed? Overwhelmingly. Are the Democrats going to object? Yes.

(CROSSTALK)

GIBSON: I've got to go. Jay Sekulow, Bill Press, thanks, both of you guys. We'll see how this works out.

Thanks, Bill.

See you, Jay.