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WHAT’S AT STAKE FOR WOMEN WITH A ROBERTS CONFIRMATION TO THE SUPREME COURT?
AUDIO PRESS BRIEFING AUGUST 23, 2005

NCRW TALKING POINTS

We are deeply troubled by what we’re learning about John Roberts’ record. We want to ensure that the issues at stake for women are fully vetted by the Senate.

The news stories about John Roberts have focused on his legal arguments on reproductive rights. His statements on Roe v. Wade have rightfully sounded an alarm among women across the country. Now we are hearing disturbing stories on his views on pay equity and women’s roles in the workplace. Just as John Roberts deserves a full hearing, so do the concerns of women. We need Roberts to candidly answer Senators ’ questions – particularly on equality of education, pay equity, and reproductive health – so that they, and we, can make a full assessment of his nomination. The point is not to pre-judge this nomination but to ensure that it receives the kind of probing scrutiny that half this nation’s population deserves.

We urge Senators to vigilantly protect the gains that women have made, and not turn back the clock.

John Roberts has consistently interpreted laws protecting civil rights and women’s rights in a narrow, restrictive manner. As a nation that articulates a vision of democracy for all, we need to closely examine Roberts’ views on all matters of civil rights and justice. Supreme Court Justices are confirmed for life. Any nominee who is confirmed has the power not only to affect a generation of laws but a generation of women and men. We cannot afford to have any Supreme Court justices confirmed, who will turn back the clock on women’s rights or any other civil liberties that our country has worked so hard to forge.

There are symbolic, as well as substantive, issues at stake with the current nomination.

Ultimately, we want a Supreme Court nominee – man or woman – who will continue to secure and advance the rights of women and girls. But it is also critical to have more diversity on the Court. Women are more than half the population, and 49% of the workforce today. One fifth of all judges in this country are women. Women should be represented on this pivotal decision-making body. They bring their own unique experiences to bear and can provide new perspectives. When asked about Roberts’ nomination, Justice O’Connor said it disturbed her that, should Roberts be confirmed, representation of women on the court will have dropped by 50%.

But more important, on the basis of most of the records that have been released to date, Roberts seems to lack a concern for women’s issues. It is this substantive problem that deserves our greatest attention now.

It is not only women’s organizations, but the American public who want candid hearings and honest answers.

The American public recognizes that personal views do guide justices in their decisions. Supreme Court nominees need to talk about their personal views, past and present.

In a July 2005 Gallop poll, 61% said a Supreme Court nominee should have to explain his or her views on issues when asked by the Senate.

Americans want to know where Roberts stands on privacy. The majority of Americans believe abortion is a private issue between women and their doctors. In a recent Pew poll, 65% opposed overturning Roe.

Both Justices Ginsberg and O’Connor answered Senators’ questions on important issues regarding women’s rights, including abortion and the right to privacy.

When Senator Leahy asked Justice Ginsberg whether she believed in a constitutional right to privacy, she indicated that she did. In their report on Justice Ginsberg’s nomination, the Judiciary Committee concluded that the Committee knew more about her views on reproductive rights than was known about any previous nominee. Justice O’Connor, too, was fully vetted by the Senate. She had a record of supporting reproductive health.

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