Saturday, September 17, 2005

the confirmation hearings

I've been watching re-runs of the confirmation hearings today. Senator Lindsey Graham is impressing the heck out of me.

Chuck Schumer tried to get Roberts to condemn conservatives that have said thing like "the out-of-control courts are a danger to Democracy". He worked pretty hard at it, asking the same thing over and over, but Roberts refused to do so.

When they pick on Roberts based on the fear that he will roll back everybody's most basic civil rights (read, the right to abortion), I wish he would just tell them that if this is a basic civil right then they should put it in the Constitution directly and literally so they don't have to rely on abortion-friendly judges to enforce the rights.

When they pick on Roberts for not answering questions about how he would decided, he always demurs based on the argument that he doesn't want people who come before him to think he has already decided. I wish he would instead stress the fact that he doesn't want to be confirmed to the Supreme Court under the impression that he has sworn under oath to decided certain issues in certain ways. It isn't the litigants that he wants to be fair to, but the Senate. He doesn't want to feel beholden to vote in a certain way due to things he said to the Senate.

This goes to the politization of the judiciary. What else could you call it when you require nominees for swear to their political positions under oath during the confirmation hearings?

No comments: