Process Server on Chief Justice Roberts: ‘Definitely a Gentleman’

There was no clandestine surveillance, no hiding behind bushes or in a parked car.

Daniel Portnoy says he walked up the driveway and knocked on the front door. The homeowner opened the door.

Portnoy and the man chatted for a minute and parted ways. Mission accomplished. Chief Justice John Roberts Jr. accepted service of a U.S. District Court summons at home, Portnoy says.

“Obviously this guy was outstanding. He could have quoted legal scripture to me for a week and a half,” Portnoy recalls of his trip to the Roberts home in Chevy Chase, Md., the night of Jan. 4 about 8 p.m. “He was very respectful in a situation where he didn’t have to be.”

Portnoy, owner of D.C. Legal Process, was serving papers in atheist Michael Newdow’s challenge of the words “so help me God” in the oath that President-elect Barack Obama will take next week. Obama has stated that he will use the words when he is sworn in.

Roberts was surprised he was being served at home, Portnoy says. But the process server had to reach Roberts in his individual capacity, in addition to serving a Roberts representative at the Supreme Court. Justice Department lawyers Brad Rosenberg and Eric Beckenhauer are representing Roberts.

Portnoy says he had a much easier time than when he tried to serve then-Defense Secretary Donald Rumsfeld in an unrelated matter. A security officer stopped Portnoy before he made it to Rumsfeld’s door. Roberts didn’t ask for identification.

Portnoy says Roberts ended up signing a sheet that acknowledges receipt of a summons. Most lawyers, he notes, don't mess with the document. “I made a joke that this was going in my memoirs,” Portnoy says. Roberts chuckled. “Definitely a gentleman,” Portnoy says.

Comments

[Jeremy Pierce]

I would have thought that it is Obama in saying the oath whose status as individual or government officer matters. Isn't Roberts there just to remind him what to say?

[The Neoabolitionist]

I guess we'll have to wait until the inauguration to find out if Roberts is just a gentleman or if he's also a scholar.

Will Roberts wear judicial robes, thereby implying that he is acting in an official capacity when he complies with Obama's request that he be prompted by Roberts to add the clause "so help me God" to the words prescribed by the Constitution; or will Roberts dress in civilian clothes, thereby implying that he is acting in his individual capacity when he complies with Obama's request.

Obama could have asked anyone of his own choosing to administer his oath or affirmation. I know of no history of any personal relationship between them that would have led Obama to choose Roberts. So, it seems apparent that he asked Robert's precisely because of his official capacity as Chief Justice. Thus, by also asking Roberts to prompt him with the additional language not prescribed in the Constitution, it would seem that Obama is indeed seeking official endorsement of his personal choice to add the religious language to his oath. Indeed, if he were merely seeking to make a personal statement, it would be more effective if he were to add the clause unprompted.

From the perspective of the "establishment clause," it is difficult to be optimistic about Obama's judicial appointees.

(Indeed, the political acumen of the President-elect doesn't seem to be measuring up to that of the candidate for change. The latter would have asked Michelle, rather than Roberts, to administer his oath.)

[RJ Taylor]

Very cool Dan, You're like super-server!!! Good Job!

I find it a bit appalling that it is so easy to approach the Chief Justice of the United States at his home. What if the guy had been someone intending to harm the Chief Justice?

[Dave Hardy]

That's cool. Didn't say "Naw, he's not home, I'm his brother" and then run for it. And unlike his unworthy predecessor Berger, didn't answer the door with gun in hand, in violation of local law, and then gripe about the right to arms.