Roberts leaving impression as a ‘nonactivist’ judge

Supreme Court nominee has yet to draw harsh criticism

? Supreme Court nominee John Roberts gained ground Thursday in his drive for Senate confirmation. He was rated a “nonactivist judge, which everyone is looking for,” by the Republican chairman of the Senate Judiciary Committee and was praised by several centrist Democrats.

“I’m enjoying my visits here in the Senate very much,” said the 50-year-old appeals court judge, named to succeed Justice Sandra Day O’Connor.

On the second day of a White House-choreographed confirmation campaign, Roberts had yet to draw the public opposition of a single Senate Democrat. Talk of a filibuster and partisan political brawl over the first Supreme Court vacancy in 11 years was nonexistent.

Democrats intend to use confirmation hearings later this summer to question Roberts on his views on abortion, the overturning of court precedent, invalidating acts of Congress and more. A separate struggle awaits if, as expected, they seek access to internal Justice Department memos from his days as a government attorney.

At the same time, an AP-Ipsos showed that 52 percent of all Americans – and 60 percent of women – want to know Roberts’ position on abortion before the Senate votes on his nomination.

Sen. Ted Kennedy, D-Mass, left, poses for photographers during his meeting Thursday with Supreme Court nominee John Roberts on Capitol Hill in Washington.

The nervousness about Roberts among abortion rights groups has been fueled by his resume. He served in two Republican administrations and was appointed to the appeals court two years ago by Bush. Women’s groups aligned with Democrats also point to comments from conservative activists who have praised Roberts’ selection.

Even before Bush publicly announced his selection, the White House has worked to assure abortion opponents and other conservatives that he would fulfill their hopes. These activists appear to be acting in part on political faith, however, choosing to accept reassurances from the White House and intermediaries who know Roberts and have vouched for him.

Some abortion rights organizations have announced their opposition, expressing fears Roberts will become part of a court majority that first erodes and eventually overturns the historic 1973 ruling.

Roberts’ second day of courtesy calls included Sens. Edward M. Kennedy of Massachusetts and Charles Schumer of New York, two of the three Democrats who opposed his nomination to the D.C. Circuit Court of Appeals two years ago.

Chart shows duration of Senate hearings for most recent Supreme Court nominees; 2c x 2 3/4 inches; 96 mm x 70 mm

Schumer said he gave Roberts a list of more than 70 questions and told him to “be prepared to answer them in the best way he can” when the hearings begin.

While Senate Democrats generally have declined to express positions on Roberts’ nomination, there were expressions of praise from some among the group involved in this spring’s compromise.

Ben Nelson, D-Neb., said Bush had made a “wise choice.” Said Sen. Mark Pryor of Arkansas, “So far, so good.”