In July 2005, President George W. Bush nominated John Roberts to succeed retiring Associate Justice Sandra Day O'Connor. However, following the death of Chief Justice of the Supreme Court of the United States, William Rehnquist, that still-pending nomination was withdrawn. On September 5, 2005 President Bush announced that he would nominate Roberts to succeed Rehnquist as Chief Justice instead.
The Senate Judiciary Committee commenced hearings on Roberts's nomination to serve as Chief Justice on September 12, 2005. Later that month, on September 29, Roberts was confirmed by the Senate as the 17th Chief Justice by a 78–22 vote. He took the Constitutional oath of office, administered by Associate Justice John Paul Stevens at the White House, that same day. On October 3, he took the judicial oath provided for by the Judiciary Act of 1789 at the United States Supreme Court building, prior to the first oral arguments of the 2005 term.
At the time of his nominations, Roberts was serving as a judge of the United States Court of Appeals for the District of Columbia Circuit. He was appointed to that position in 2003 by President George W. Bush.
Associate Justice nomination
On July 19, 2005, it was announced by President George W. Bush that he intended to nominate John Roberts to be an Associate Justice on the Supreme Court of the United States to succeed Associate Justice Sandra Day O'Connor. Roberts was formally nominated on July 29, and the nomination was referred to the Senate Judiciary Committee the same day.
Assessment by the American Bar Association
The professional qualifications (integrity, professional competence and judicial temperament) of nominees to the Supreme Court are evaluated by the American Bar Association's 15-member Standing Committee on Federal Judiciary, which offers a rating of "well qualified," "qualified," or "not qualified." The opinions of the committee bind neither the president nor the Senate; however, they are generally taken into account. On August 17, the ABA committee unanimously gave Roberts a "well qualified" rating. The positive review of Roberts's qualifications for the Court came amid an ongoing dispute between the White House and the ABA over the association's role in vetting judicial candidates.
Controversies
While Roberts was under consideration for the associate judgeship, a number of controversies related to the nomination arose.
Adoption records
While investigating Roberts' life, the New York Times was accused of attempting to unseal records detailing the 2000 adoption by Roberts and his wife of two infants born in Ireland via a Latin American country. The Times denied any attempts to unseal legal records and stated that "[o]ur reporters made initial inquiries about the adoptions" and "[t]hey did so with great care, understanding the sensitivity of the issue."
The Times was condemned by the National Council for Adoption, "NCFA denounces, in the strongest possible terms, the shocking decision of the New York Times to investigate the adoption records of Justice John Roberts' two young children. The adoption community is outraged that, for obviously political reasons, the Times has targeted the very private circumstances, motivations, and processes by which the Roberts became parents."
The reasons for the adoption happening in the unnamed Latin American country remain unclear, though it was noted that the Irish 1991 Adoption Act only allows adoption of children born in Ireland by people resident in Ireland.
Federalist Society involvement
Judge Roberts has stated that he cannot recall ever having been a member of the Federalist Society. He sought and received published corrections from several major news organizations retracting earlier reports that he had been a member. On July 25, 2005, however, The Washington Post reported that John Roberts is listed in the Society's 1997–1998 leadership directory as serving on the Steering Committee of the Federalist Society. The same source also indicates the possibility that the individuals listed in the "leadership directory" are, in a technical sense, not necessarily "members" of the society, and no confirmable membership information is officially disclosed by the Society itself.
2000 presidential election activities
While an attorney at Hogan & Hartson, Roberts met with Florida Governor Jeb Bush and gave advice on the legal aspects of election disputes during the Florida recount of 2000. According to Ted Cruz, an advisor on Bush's 2000 campaign, Roberts helped polish some legal briefs and held a "moot court" session to prepare Bush's lawyers for arguments in Bush v. Palm Beach County Canvassing Board and Bush v. Gore.