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Julian Borger Washington: On Roberts' Nomination And His Prospects

A battle began in the US Senate yesterday over the nomination of John Roberts as the next chief justice of the United States, an appointment that could set the supreme court's tone for more than a generation.

Mr Roberts, a conservative appeals court judge and President Bush's choice, is expected to be confirmed barring any shock developments in the course of the hearings. Even his critics admit he has excellent professional credentials, an affable personality, and no bombshell decisions on the bench.

Democrats on the senate judiciary committee made clear yesterday that they did not intend to give him an easy ride, but would put him on the spot over his beliefs on abortion and other polarising social issues over which a Roberts court could have a decisive say in years to come.
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Senator Edward Kennedy, who is expected to lead the Democratic charge against Mr Roberts, drew attention to past statements by the nominee in which he referred to the "so-called" right to privacy, and expressed doubt that sex discrimination still existed.
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Political observers said the Democratic senators were also firing a shot across the president's bows as Mr Bush contemplates the choice of a second nominee following the death on September 3 of William Rehnquist, the chief justice. "These hearings really are unpredictable," said Julian Zelizer, a political historian at Boston University. "In history, the most difficult hearings get difficult only after the hearings begin. The Democrats are going to try to trip him up."

"The second reason is that it's a way of sending a message to the Bush administration about the next nominee. Conservative Republicans on the committee will do the same thing. The questions they ask Roberts aren't just for Roberts."

Democratic Party officials have said that while they did not expect to block Mr Roberts's confirmation as Mr Rehnquist's successor, they could unite to stop a more controversial choice for the second vacancy on the court.

On the other hand, President Bush is under pressure from his core supporters on the evangelical right to nominate a hardliner. Some do not believe Mr Roberts is sufficiently committed to overturning Roe v Wade, the 1973 decision guaranteeing a woman's right to an abortion.

There are also expectations that the president should pick a woman or a member of a minority to fill the vacancy opened by Sandra Day O'Connor's decision to retire.