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Liberal Activists Say Access To Courts Key; Dems to press Roberts over right to sue gov't, curbs on federal courts.(A)

Investor's Business Daily

| September 02, 2005 | COPYRIGHT 2005 Investor's Business Daily, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Byline: SEAN HIGGINS

Critics of Judge John Roberts' nomination to the Supreme Court have a lot of questions they want senators to ask him next week. One is where he stands on "access to courts."

While rather obscure outside of legal circles, it is a key issue for many on the left. Democrats have made clear they intend to pursue it during next week's hearings.

"The role "access to courts' plays in Roberts' thinking is definitely on our radar," said Tracy Schmaler, spokeswoman for Vermont Sen. Pat Leahy, the ranking Democrat on the Judiciary Committee.

"Access to courts" encompasses a number of issues relating to how far the power of the courts extends. Most commonly, it refers to when a person has legal standing in court to sue, especially in cases involving the government.

It also includes the question of "court stripping" -- whether Congress has the right to limit the federal courts' jurisdiction, preventing them from ruling on certain issues.

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