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Roberts' objective: fewer 5-4 decisions

The nominee throws a bone to those who say he's evading questions: He likes Doctor Zhivago and North by Northwest .

WASHINGTON - Chief Justice nominee John G. Roberts Jr. said Wednesday he would try to build more consensus on the Supreme Court and encourage justices to consider each other's ideas.

"The Supreme Court speaks only as a court," he said. "Individually, the justices have no authority. And I do think it should be a priority to have an opinion of "the court."'

In the past 10 years, the court has issued 193 rulings by a 5-4 margin. They represent about 25 percent of the decisions, but include some of the biggest cases on issues such as public displays of the Ten Commandments, late-term abortions and affirmative action. Legal analysts have said the court needs a leader who can forge larger majorities.

In his second day answering questions before the Senate Judiciary Committee, Roberts said justices should not compromise their beliefs, but should be open to ideas from their colleagues.

Asked about the court's sagging productivity, which has fallen from 150 cases a year in 1983 to about 75 this year, Roberts said the court has "the capability there to hear more cases."

Roberts also said he would not let his personal views affect his ruling in a right-to-die case and reminded the senators that Congress has the power to respond to the court's controversial decision allowing government to seize property for redevelopment.

The property decision "leaves the ball in the court of the legislature," he said.

Roberts indicated he has a broader view of the Constitution than judges who focus on the "original intent" of the Founding Fathers.

"I think you need to look at the words (of the Constitution), and if the words adopt a broader principle, it applies more broadly," Roberts said. His comments suggest he may have a broader and more flexible view of the Constitution than Antonin Scalia and Clarence Thomas, the two most conservative justices on the court.

Roberts trod carefully when senators complained about the Supreme Court striking down laws and making insulting comments about Congress in its opinions. Judiciary Chairman Arlen Specter, R-Pa., said he was bothered by comments by Scalia that the court had to be a "taskmaster to see if the Congress has done its homework."

Roberts replied that both branches of government must answer to a higher authority.

"I think the Constitution is the court's taskmaster, and it's Congress' taskmaster as well," Roberts said.

As he had done Tuesday, Roberts on Wednesday declined to discuss topics that he said might come before the court. And once again, Democrats complained he was not responding on important topics.

After Roberts explained his views on privacy and his legal philosophy, Sen. Joe Biden, D-Del., said, "You've told me nothing, Judge." Biden said the committee knew so little about the nominee's views that "we are rolling the dice with you."

Sen. Chuck Schumer, D-N.Y. said Roberts had been so evasive that he probably would dodge questions about his favorite movies. Schumer said the nominee would probably try to answer by explaining why other people like Casablanca.

Schumer's time expired, but Roberts said he wanted to answer the question. He smiled and said, " "Doctor Zhivago and North by Northwest ."

Roberts said he had answered as many questions as possible but that judicial nominees "are not politicians" and should avoid making promises about their beliefs to win support from senators.

"I think I have been more forthcoming than any of the other nominees," he said.

Republicans said they were satisfied with his answers and that Democrats were being partisan.

"If people can't vote for you, then I doubt that they can vote for any Republican nominee," said Sen. Orrin Hatch, R-Utah.

Despite the disagreements, relations between Specter and Sen. Patrick Leahy, the ranking Democrat, remained remarkably strong. They worked out an agreement so Democrats could continue questioning Roberts today. Specter said he believed the additional round was unnecessary but he agreed to it because "I want to accommodate people as best as I could."

The hearings today will include a closed session to review an FBI report on Roberts and then open testimony from about 30 supporters and opponents of his nomination.

It appears likely that most, if not all, of the eight Democrats on the committee will oppose Roberts. But once his nomination gets to the full Senate the week of Sept.26, he is likely to be approved by all 55 Republicans and a few Democrats.

--Washington bureau chief Bill Adair can be reached at adair@sptimes.com or 202 463-0575.