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Tuesday, September 20, 2005

Urging the Dems to Vote No

E.J. Dionne thinks that the Senate should vote no on judge John Roberts, not because he doesn't think Roberts qualified, but because he doesn't think he was sufficiently forthcoming in the Senate judicial committee hearings about his "core beliefs." We should end the charade that these hearings have become, Dionne argues, by refusing to confirm those who make it such a farce.

Even if one agrees with Dionne that Roberts' beliefs about Roe v. Wade are indeed a legitimate concern, he still looks a little silly raising the matter now. He evidently wasn't too bothered that neither Sandra Day O'Connor nor Ruth Bader Ginsburg were any more forthcoming in their hearings than Roberts was in his. If those nominees didn't have to answer questions about where they stood on matters likely to come before the court why make Roberts jump over that bar? Dionne's frustration with Roberts seems more than a little partisan, being reserved, as it is, for a conservative judge who might vote to overturn Roe.

There really is only one question that Roberts should be expected to answer, and that concerns the principles which will guide him in forming his judgments about the cases he hears. How flexible in his mind is the constitution? How strictly will he interpret it? Will he seek to interpret in the light of foreign law? Will he read into it principles that are currently fashionable but not mentioned in the constitution itself? Everything else we need to know about his experience, his integrity, his judicial competence are all discovered through venues other than hearings. If no questions arise when the candidate is vetted by the FBI, if there are no hints of scandal or incompetence, then all the judiciary committee need worry about are his answers to those questions.

That would, of course, make for what the senators would consider an unacceptably short hearing, and that would not sit well with those pompous, self-important bloviators on the judiciary committee who treasure their time preening before the cameras and pampering their super-sized egos by delivering questions in the form of speeches. More than the nominees, the judiciary committee members are the reason the hearings have become a charade.