The story, that Judge Roberts said he would recuse himself from cases involving various issues, appears to be untrue. See http://www.nytimes.com/2005/07/26/politics/politicsspecial1/26roberts.html. An excerpt: "An opinion-page article in The Los Angeles Times on Monday by Jonathan Turley, a George Washington University law professor, included an account of Mr. Durbin's question. Professor Turley cited unnamed sources saying that Judge Roberts had told Mr. Durbin he would recuse himself from cases involving abortion, the death penalty or other subjects where Catholic teaching and civil law can clash. "A spokesman for Mr. Durbin and Senator John Cornyn, Republican of Texas, who spoke to Judge Roberts on Monday about the meeting, said Professor Turley's account of a recusal statement was inaccurate. "But in an interview last night, Professor Turley said Mr. Durbin himself had described the conversation to him on Sunday morning, including the statement about recusal. * * * "Mr. Durbin declined to discuss the issue on Monday. A spokesman, Joe Shoemaker, said, "What Judge Roberts did say clearly and repeatedly was that he would follow the rule of law, and beyond that we are going to leave it to Judge Roberts to offer his views." Whatever Senator Durbin may have said to Professor Turley, the Senator's office now has backed away from the story.
Mark S. Scarberry Pepperdine University School of Law
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