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Roberts close Rehnquist disciple

Nominated to replace William Rehnquist as Chief Justice, Supreme Court nominee John G. Roberts Jr. says not to expect "a dramatic departure" from the Renquist era. Renquist opposed abortion, boosted states' rights and protected the powers of police.

WASHINGTON - Chief Justice Roberts may not be much different from Chief Justice Rehnquist.

The testimony of Supreme Court nominee John G. Roberts Jr. over the past four days reveals many similarities with William Rehnquist, the judge Roberts would replace.

Roberts, who clerked for Rehnquist and considers him a mentor, told the Senate Judiciary Committee this week that he shared the belief of his late boss that judges should have a limited role and "an appropriate modesty and humility."

Roberts said the nation should not expect "a dramatic departure" under his leadership from the decisions of the Rehnquist era.

Rehnquist, an appointee of President Richard Nixon, was a solidly conservative justice who opposed abortion, boosted states' rights and protected the powers of police. As chief, he was considered a gentle leader who maintained good relations with the other justices.

On Thursday, as the Judiciary Committee concluded four days of hearings about Roberts, Democratic senators such as Dianne Feinstein said that despite all the testimony, they still did not have a clear picture of him.

"Many of us are struggling with exactly that: What kind of a justice would you be, John Roberts?" asked Feinstein.

The Democrats are frustrated because Roberts declined to answer dozens of questions about issues that he said might come before the court. When he did provide an answer, he often just gave a history lesson about old rulings.

But legal analysts say his testimony provides a few clues what he would be like.

Roberts said he is committed to precedents and believes privacy is a fundamental right and that the Constitution should be interpreted broadly.

Mary Cheh, a law professor at George Washington University, said Roberts is similar to his mentor because because he endorsed a modest approach on the court and "would generally defer to judgments made elsewhere."

When Roberts testified that he believed in the importance of predecents and that privacy was protected under the Constitution, some people interpreted his remarks to mean he might not overturn Roe, the landmark abortion rights case. But Cheh said his comments were remarkably similar to writings by Rehnquist, who wanted to overturn Roe.

She said Roberts "is less of an ideologue" than Justices Clarence Thomas or Antonin Scalia, the most conservative justices on the court. "But he is still quite conservative in his approach to judging and the Constitution."

Legal historian David Garrow said he saw "Rehnquistian overtones" in Roberts' testimony. But he expects Roberts will be "a conservative without any political agenda," unlike Rehnquist, who often sought to boost states' rights and establish the court's authority over Congress.

Garrow said Roberts will probably be more like John Marshall Harlan II, a middle-of-the-road justice of the 1950s and 1960s known for following precedents.

Edward Lazarus, author of Closed Chambers, an inside look at the Supreme Court, said Roberts' comment that he does not believe in seeking the "original intent" of the Founding Fathers suggests Roberts will be "more in the Rehnquist camp" than aligned with the most conservative justices. "I think we can be pretty darn sure he's not another Scalia."

When Democrats complained Thursday that they didn't have a clear picture of him, Roberts urged them to read his opinions from his two years as a federal appellate judge.

"I don't think if you read those opinions, you'll say those are the opinions of an ideologue. That should convince you that I'm not an ideologue," he said.

As leader of the court, Roberts said he would try to follow Rehnquist's example in maintaining a collegial atmosphere.

"I think a big part of the legacy that he leaves is a Supreme Court in which all of the members respected and admired him because of his fairness in administering the court and conducting the important responsibilities like managing the conference and assigning opinions," Roberts said.

If confirmed, Roberts said one of his top priorities will be to maintain that atmosphere and work harder to build more consensus.

The hearings concluded Thursday with testimony by supporters and opponents.

Wade Henderson, chairman of the Leadership Conference on Civil Rights, said he was concerned about Roberts' memos on voting rights from the Reagan administration.

"If his view had prevailed, our country's voting rights revolution might never have happened," Henderson said.

But supporters said the 20-year-old memos did not reflect Roberts' personal views.

Peter Kirsanow, a member of the U.S. Commission on Civil Rights, said Roberts "has an unwavering commitment to equal protection...and would make an excellent addition to the court."

The committee is likely to vote on Roberts' nomination by the middle of next week, with a vote by the full Senate about a week later.