John G. Roberts Jr. ’76 will face the Senate Judiciary Committee on Capitol Hill today, marking the start of the first confirmation hearings for a Supreme Court justice in 11 years. If confirmed by the full Senate, Roberts will become both the 17th Chief Justice of the United States as well as the first graduate of Harvard College or Harvard Law School (HLS) to serve as chief justice.

After opening statements and several days of questioning Roberts, the Judiciary Committee will hear 30 other witnesses, 15 called by each party. Due to the desire of top senators to have a speedy confirmation hearing, no character witnesses who knew Roberts as a student are to be called.

However, Beneficial Professor of Law Charles Fried, a former Solicitor General, will be a witness. When reached for comment, Fried referred The Crimson to his written testimony, which is not available at this time.

Roberts’ re-nomination follows the unexpected death on Sept. 3 of former Chief Justice William H. Rehnquist, who holds a masters degree from Harvard. Roberts was previously tapped to replace retiring Supreme Court Justice Sandra Day O’Connor.

AN EASY CONFIRMATION?

Although his nomination as chief justice was applauded by Republicans and looked upon with apprehension by many Democrats, experts agree that barring some shocking revelation, Roberts’ confirmation is all but assured.

IBM Professor of Business and Government Roger B. Porter, with Roberts in both the Reagan and Bush administrations, spoke highly of his former colleague.

“He is a remarkable individual in many dimensions,” Porter wrote in an e-mail. “In meetings his contributions are invariably on point. He has that wonderful quality when he disagrees with someone of not being disagreeable. His first instinct is to clarify and understand the relevant facts in addressing an issue and then to think through the consequences from a variety of vantage points. Everyone whom I knew liked him, in part because they liked his clarity and judgment, in part because of his wit and humor, in part because he is one of those people who are genuinely likeable.”

Porter said he believes that given these qualities, the man he saw as a young government lawyer will make a top-notch chief justice.

“Cases that reach the Supreme Court often involve some of our most challenging public policy issues,” Porter said in an e-mail. “John Roberts’ background, experience, mind, and temperament make him a superb choice to sit on and to preside over our nation’s highest court.”

Even Harvard’s cadre of well-known liberal law professors do not seem to be lashing out against Roberts. Although a group of 159 law professors sent a letter to the Judiciary Committee opposing Roberts’ confirmation, only one HLS professor, Wasserstein Public Interest Professor of Law Elizabeth D. Bartholet ’62, actually signed the letter. When contacted by The Crimson, Bartholet declined comment.

Most HLS professors said that, although they do not personally agree with Roberts’ judicial philosophy and views, they expect Roberts will make a good justice. Tyler Professor of Constitutional Law Richard H. Fallon Jr. echoed those sentiments.

“Roberts is obviously a brilliant lawyer, and everything that I have read suggests that he is a man of excellent character,” Fallon wrote in an e-mail.

ROBERTS RULES

By switching Roberts’ nomination from associate to chief justice, Bush aims to have nine justices on the bench when the Supreme Court’s term starts on Oct. 3.