Yesterday Senator Alren Specter, chairman of the Senate Committee on the Judiciary, sent this letter to Judge Roberts indicating that Senator Specter intended to ask Judge Roberts about his views on the Supreme Court’s recent federalism case, Tennessee v. Lane. I have just sent this letter to Senator Specter and ranking minority member Senator Patrick Leahy calling to their attention the fact that the vitality of Tennessee v. Lane is very relevant to the question of congressional power to uphold a renewed section 5 of the Voting Rights Act. The letter notes that Judge Roberts’ past writings on the Voting Rights Act give special reason for concern that he would not follow Justice O’Connor’s position in Tennessee v. Lane as precedent for upholding a renewed section 5.
I urge the senators to explore this topic with Judge Roberts at the hearing, as well as the topic of campaign finance regulation. Justice O’Connor recently has cast decisive votes in this area as well.