Executive Session

EXECUTIVE SESSION

BREAK IN TRANSCRIPT

Ms. MURKOWSKI. Mr. President, I rise this afternoon to join many of my colleagues speaking in strong support of the nomination of Judge John Roberts to the position of Chief Justice to the United States. It is unquestionable that Judge Roberts is eminently qualified to take on the position of Chief Justice. He has an impeccable resume. You can look at that and say: There is a person who has given his life to the law. An encyclopedic recitation of the law and a solid record as both a lawyer and a judge void of an ideological agenda indicate that he will be a thoughtful and impartial Justice.

I had an opportunity to speak with Judge Roberts. There are some individuals whose knowledge of the law is so overwhelming and so impressive that, quite honestly, they are leaps and bounds above the rest of us and it is difficult to follow the conversation. The conversation I had with John Roberts was one where you are carrying on a conversation, he is able to bring in and impart his legal knowledge and continue a conversation that both flows and is comfortable. That is a unique talent.

Of interest to me and my State of Alaska is that John Roberts has litigated on behalf of Alaskan clients. When the Mayor of Juneau, who was Bruce Botelho, testified on behalf of Judge Roberts before the Judiciary Committee, he did so as a former attorney general for the State of Alaska and as a Democrat. He had this to say in his testimony about Judge John Roberts. He said:

Working with Judge Roberts, I was fortunate to get to know the most remarkable and inspiring lawyer I have ever met. He will lead the Court in a way that will instill public confidence in the fairness, justice and wisdom of the judiciary.

When he was attorney general, Mayor Botelho retained John Roberts to represent Alaska in cases, to defend Alaska's sex offender registry, Alaska's right to submerged lands, and most notably a case involving Indian country, an Alaska Native Claims Settlement Act.

While he was retained by the State of Alaska, John Roberts, I think very eagerly, traveled up to the State to learn firsthand those things that he was going to be speaking to. He toured the waters of Glacier Bay in a Fish and Game boat, went out on a little riverboat, a skiff by most people's standards, in the Yukon-Kuskokwim Delta for a couple of days just traveling around. He traveled around and not only talked with the other lawyers who might be with the group, but he spoke with the people. He talked to the crews on the fishing boats. He engaged the people where they were. He talked with them about their local concerns. He practiced the pronunciation of the native village names. He was engaged. He was a real person to those Alaskans he met.

So often when we have kind of your east coast lawyers coming back to visit us up North, they are viewed with a little bit of suspicion. But I think it is fair to say that John Roberts made a very serious and a very genuine effort to know and appreciate firsthand the facts that were going to be presented to him, the facts he was going to be arguing. He was not just going to read some brief in the comfort of his study, he was going to come and learn for himself.

As Alaskans, we are fortunate to have a nominee who understands Alaska's unique landscape, our people, and its laws. We have some Federal laws and acts that are unique to where we are and our people and our land up there, so much so that it is very difficult to become well versed in the law. Sometimes I think it is fair to say we think those on the outside, those in the lower 48, just don't get what happens up North and how it applies with us. But I think we have learned with Judge John Roberts that he will take the time to know and understand not only Alaska's people but the facts and circumstances all over.

As Americans, we have yet to imagine some of the legal questions John Roberts will consider in his tenure. But with his breadth of experience and his desire to wholly understand the legal matters before him, I believe Judge John Roberts will serve the court with integrity, thoughtfulness, and dedication to the law.

John Roberts has made it clear as a judge that it is not his place to use the law to further politics or to seek to question settled law. The role of justice is one of great restraint, of strict application of the law and not judicial activism. I believe John Roberts when he unequivocally pledged to uphold impartiality in the law.

Judge Roberts has explicitly assured us that his respect for the law and legal principle vastly outweigh his personal values, his views, or loyalty to anyone or anything other than the rule of law. This is the basis, the fundamental standard from which we should consider Judge Roberts' nomination. In my mind, there is simply no clear cause for opposing his nomination.

If in his testimony Judge Roberts did not communicate his views on legal matters which may come before the Court during his tenure, he was entirely forthcoming on his judicial philosophy. Judge Roberts stated repeatedly that he would bring no agenda to his work as Chief Justice. He stated he would judge each issue on its merits and approach each case with an open mind, that legal precedent and not his personal views would be his guide.

Perhaps more so than any other recent nominee, Judge Roberts has demonstrated a sound understanding and appreciation of the role of a Justice and the necessary constraints within which the third branch of government should operate. So today, I call on my Senate colleagues to take a step back from our politically charged setting to consider fairly a man who is incredibly qualified to become our Chief Justice.

I will quote from Roberts' testimony as I end here. He said:

The rule of law--that's the only client I have as a judge. The Constitution is the only interest I have as a judge. The notion I would compromise my commitment to that principle ..... because of views toward a particular administration is one that I reject entirely. That would be inconsistent with the judicial oath.

John Roberts has what it takes to be the Chief Justice of the United States, which is complete love for the law, an erudite legal mind, and judicial modesty. I lend my support to the nominee and look forward to this body confirming him.

I yield the floor.

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