The Senate on Thursday approved 78-22 the nomination of 50-year-old Judge John Roberts as the Supreme Court's 17th chief justice, and he was sworn in later in the day by Justice John Paul Stevens, the Washington Post reports. All 55 Senate Republicans, 22 Democrats and independent Sen. Jim Jeffords (Vt.) voted to confirm Roberts, while 22 Democrats opposed the nomination (Babington/Baker, Washington Post, 9/30). Roberts said, "I view the vote this morning as confirmation of what is for me a bedrock principle: that judging is different from politics" (Hurt, Washington Times, 9/30). President Bush said Roberts "will be prudent in exercising judicial power, firm in defending judicial independence and, above all, a faithful guardian of the Constitution" (Washington Post, 9/30). Bush first nominated Roberts in July to replace retiring Supreme Court Justice Sandra Day O'Connor, but later nominated him to be chief justice after Chief Justice William Rehnquist died of thyroid cancer on Sept. 3. O'Connor has agreed to remain on the court until her successor is confirmed, and Bush has yet to nominate someone for the post (Kaiser Daily Reproductive Health Report, 9/23). Roberts is the youngest chief justice since John Marshall was confirmed at age 45 in 1801, and, with a lifetime appointment, he could influence decisions on cases involving issues such as abortion rights for decades, according to the Los Angeles Times (Reynolds, Los Angeles Times, 9/30).

Parental Notification, Campaign Finance Cases on Court's Docket
An "early picture" of Roberts' judicial philosophy is expected to be revealed by the end of this year, USA Today reports (Biskupic, USA Today, 9/30). The Supreme Court, which opens a new term on Monday, "will be a court in transition," and the 48 cases for which the court already has granted review -- including cases involving parental notification for minors seeking abortion and campaign finance laws -- are "likely to produce vigorous debates among the justices," the New York Times reports (Greenhouse, New York Times, 9/30). The court is scheduled on Nov. 30 to hear oral arguments for a case involving a stricken New Hampshire law (HB 763) that would have required parental notification for minors seeking abortion. The 2003 law was struck down by a lower court because the law lacks an exception for a pregnant minor's health, and a federal appeals court upheld that ruling. The law would have required physicians in the state to notify by certified letter a parent or guardian of a minor who is seeking an abortion at least 48 hours before performing the procedure (Kaiser Daily Reproductive Health Report, 9/23). The court on Tuesday agreed to hear an appeal by the antiabortion group Wisconsin Right to Life that challenges the constitutionality of the federal campaign finance law known as McCain-Feingold. The Supreme Court also has agreed to hear an appeal by groups, including the Vermont Right to Life Committee, of a Vermont law that limits the amount of money candidates can spend and limits individual contributions to $200 or $400 per election cycle, depending on the office sought (Kaiser Daily Reproductive Health Report, 9/28).

NPR's "Talk of the Nation" on Thursday reported on Roberts' confirmation and issues for the Supreme Court's next term. Guests on the program included Joan Biskupic, reporter for USA Today; Clarke Forsythe, director of law and bioethics for Americans United for Life; and David Savage, Supreme Court reporter for the Los Angeles Times (Neary, "Talk of the Nation," NPR, 9/29). The complete segment is available online in RealPlayer.