Monday, September 12, 2005

John Roberts and Civil Rights

More than 80,000 people signed on to our Freedom of Information request for all the work done by Supreme Court nominee John Roberts on 16 crucial cases during his tenure in the first Bush administration's Office of the Solicitor General. This week we delivered your signatures -- tens of thousands of them -- as part of our request.

So what will we learn if the Bush stonewall ends and the Department of Justice fulfills our FOIA request? We'll know what John Roberts actually thought about the vital Constitutional issues at stake in each of the 16 cases. We'll get his unvarnished opinion, expressed in the memos he wrote to the people he worked with every day.

Once we know what he thought of these issues, we'll know more about the kind of Supreme Court Justice he will make. Will John Roberts fight to protect our most fundamental freedoms? Or will he advocate a narrow, partisan interpretation of the Constitution that strips Americans of our rights or erodes the progress we have made?

Just looking at the public record, you can discern a pattern of hostility to civil rights. Here are a few of the cases we requested information on:

Metro Broadcasting v FCC (1990)
Roberts argued against letting the FCC use affirmative action in distributing broadcast licenses. This case was a rare instance of the Solicitor General stepping in to block an action of the federal government to increase opportunity.

Board of Education of Oklahoma City v Dowell (1991)
In a brief signed by John Roberts, the Solicitor General's office argued against a court ruling that ordered a school district to prevent racial segregation. Roberts's brief opposed the efforts of African American families to argue that Oklahoma schools would become segregated again.

Freeman v Pitts (1992)
Roberts signed a brief urging the Supreme Court to overturn a lower-court decision that required a Georgia school district to ensure its schools were fully desegregated.

Lee v Weisman (1992)
Roberts filed a Supreme Court brief arguing that a school district should be permitted to invite clergy to lead public prayers at a graduation ceremony.

Voinovich v Quilter (1993)
Roberts co-authored a brief supporting an Ohio redistricting plan that minority voters said violated the Voting Rights Act by concentrating minority voters in a small number of districts.

What little we know about John Roberts's record on civil rights is troubling -- at the very least. In his work in the Reagan and first Bush administrations, he demonstrated a consistent hostility to efforts to ensure equal opportunity and justice as guaranteed to every American under our Constitution. But there's more that we just don't know. That's why we need the full story.

The Bush Administration now has less than 20 days to respond to our FOIA request. We'll continue to update you as we learn more, and tell you about some of the other important issues covered in the cases we requested.

Thank you for your support,
Tom McMahon
Executive Director


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Paid for and authorized by the Democratic National Committee, www.democrats.org. This communication is not authorized by any candidate or candidate's committee.

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