Senate minority chief opposes Roberts

WASHINGTON -- The Senate minority leader, Harry Reid, yesterday announced his opposition to John G. Roberts Jr., the Supreme Court nominee, throwing a speed bump in front of Roberts's easy confirmation in the Republican-controlled Senate -- and delivering a message to the White House not to nominate someone more conservative than the man President Bush picked as the next chief justice.

Though he ruled out a filibuster, Reid said in a speech on the Senate floor that he could not vote for approval because he has ''too many unanswered questions" about Roberts's record on civil rights.

That made Reid, his party's ranking member in the Senate, the first Democrat to make a formal declaration of his opposition to Roberts.

''I must resolve my doubts in favor of the American people whose rights would be in jeopardy if John Roberts turns out to be the wrong person for the job," the Nevada Democrat said.

Although the filibuster, the party's most powerful weapon, is off the table, Reid nevertheless warned that Bush's next pick could face far stronger opposition.

''The president should not take anything for granted," Roberts told reporters after declaring his opposition to Roberts. ''No one should think, just automatically, they're all going to be easy like this one."

Reid said that he would consider it ''a poke in the eye with a sharp stick" if Bush chose someone for the Supreme Court who has been filibustered by Democrats. That includes two of Bush's purported short-list candidates, Janice Rogers Brown and Priscilla Owen, both federal judges. They were confirmed to the federal bench this spring, as part of an arrangement reached by moderate senators, after Democrats had blocked them for several years.

Reid said he has told all Democrats to vote on Roberts according to their consciences.

But his announcement could sway wavering Democrats to join him in making a strong statement against Roberts.

The Senate Judiciary Committee is scheduled to vote on Roberts tomorrow, and the full Senate will weigh in next week. Many of the Senate's most prominent Democrats are being classified among the undecided.

Senator Edward M. Kennedy, who is expected to announce his opposition to Roberts as soon as today, said he hopes Reid's stature and the respect he enjoys from his colleagues will convince Democrats to oppose Roberts.

Kennedy said senators have yet to be convinced that Roberts would not be an ideological extremist, owing to Roberts' decision to not answer in detail questions about his judicial philosophy.

Kennedy said the White House's refusal to provide documents relating to his nomination further clouded the picture.

''This is really a leap of faith," Kennedy said. ''There are those that took the leap in terms of the war.

''There are those that took the leap" in terms of tax cuts backed by Bush. ''And now they're being invited to take the leap again in terms of Judge Roberts, and I don't think I'm going to be among them," the Massachusetts Democrat added.

Reid declared his position on Roberts in advance of a breakfast Bush is hosting at the White House this morning with Reid and other Senate leaders to discuss his next Supreme Court nomination.

Roberts was selected to replace retiring Justice Sandra Day O'Connor. But Bush picked him for chief justice after the death of William H. Rehnquist. That leaves a vacancy for the O'Connor seat; she has promised to serve on the high court until her successor is confirmed.

Reid said he will encourage Bush to choose a moderate to replace O'Connor, who has been a frequent swing vote on major cases affecting social issues. He said he will also encourage the president to take his time in picking a replacement, so the Senate can concentrate on Hurricane Katrina relief and other legislation.

Though Republicans are set to approve Roberts unanimously, signs have emerged that Bush's next pick may get more scrutiny from GOP moderates. The Senate Judiciary chairman, Arlen Specter, Republican of Pennsylvania, endorsed Roberts on Monday but made clear his disappointment that the nominee didn't answer more detailed questions.

Senator Lincoln D. Chafee, a Rhode Island Republican who also supports abortion rights, said yesterday that he is inclined to support Roberts. But he said he would use a different standard when considering a replacement for O'Connor, a supporter of the Roe v. Wade decision, than he is using for Rehnquist's replacement, since the late chief justice was a consistent conservative voice.

''Balance is important to me," Chafee said, adding that he hopes Bush chooses someone who, like O'Connor, has experience in elected office.

Leading liberal groups have encouraged Democrats to oppose Roberts, but few have publicly urged the use of a filibuster, a parliamentary tactic where senators use the right to unlimited debate to effectively kill a nomination or a bill.

Several Democrats have strongly indicated that they will vote for Roberts, meaning a filibuster may not have been possible even if Reid wanted one. Senators Ben Nelson of Nebraska, Mark Pryor of Arkansas, Max Baucus of Montana, and Kent Conrad of North Dakota, all Democrats, appear to be leaning toward supporting Roberts.

Reid said he is not asking his Democratic colleagues to join him in opposing Roberts, because the decision was a close one for him personally. In addition, he said, he must retain credibility with other Democrats in case he needs their support in an endeavor where a party-line vote will be necessary.

''You can only go to the well so many times," Reid said.

Reid appears to be calculating that, with Roberts a shoo-in for chief justice, Democrats can best use their votes by seeking to influence Bush's next pick, said Carl Tobias, a law professor at the University of Richmond. But there's no assurance that Bush will receive the message.

''It's a warning to the extent the White House cares or listens," Tobias said.