Why does Sean Hannity think it's a good thing that Judge Roberts' views on Roe v. Wade are too ambiguous to provide his opponents with grist for their mill? Whenever he talks about it on the air Hannity seems to be saying that Roberts' foes will not be able to nail him for thinking Roe was poorly decided because there's no judicial ruling or writing in his past which makes it certain that he feels that way. The implication is that Roberts is free to fudge or even duck the question, and this elicits gloating from Mr. Principled Conservative who lectures us regularly on the need to be intellectually honest.
The worst thing Roberts could do in the hearings would be to sound weasely on the issues that the Dems will try to nail him on. Why not say, if he really believes it, that the Roe decision was an example of judicial overreach? Why not use the hearings to instruct his august inquisitors and the general public on exactly why he believes there is no constitutional warrant for a right to abortion? The people who are going to vote against him and those who are going to vote for him are going to do so regardless of what he says. Why does Hannity seem so gleeful that Roberts can, if he wants, temporize on the question?
Conservatives, or anyone for that matter, should stand up for what they believe and state honestly what their views are on past cases. If they can make strong arguments for their views then we'll all benefit from hearing them. If they can't mount good arguments then we should know that, too.
Sen. Schumer, as much as we hate to say it, is right on this one. The problem with Schumer is that he's such a hypocrite. He would never expect a Democrat nominee to explain his or her judicial philosophy. He'd be piously denouncing "litmus tests" and the impropriety of asking potential justices to prejudge cases which might come before them. Nor is he genuinely interested in hearing Judge Roberts' arguments. Schumer is more interested in twisting and distorting whatever he says to discredit and smear him.
Even so, Roberts should not waffle and Hannity shouldn't delight in the prospect that he could.
