By now, most of you should be aware that yesterday the hearings for the Roberts nomination confirmations began in earnest.
Were there any surprises? In a word, maybe. But only small ones.
First consider Roberts
opening comments:
Judges are like umpires. Umpires don't make the rules; they apply them. The role of an umpire and a judge is critical. They make sure everybody plays by the rules. But it is a limited role. Nobody ever went to a ballgame to see the umpire.
Judges have to have the humility to recognize that they operate within a system of precedent shaped by other judges equally striving to live up to the judicial oath. And judges have to have the modesty to be open to the considered views of their colleagues on the bench...
I have no agenda but I do have a commitment. If I am confirmed, I will confront every case with an open mind. I will fully and fairly analyze the legal arguments that are presented. I will be open to the considered views of my colleagues on the bench. And I will decide every case based on the record, according to the rule of law, without fear or favor, to the best of my ability.
And I'll remember that it's my job to call balls and strikes and not pitch or bat.
Sen. Arlen Spector wasted no time in bringing up
Roe v Wade. Roberts deftly non-answered all his questions. Where does he stand? We are left not really knowing.
The one interesting tidbit was when Spector asked Roberts about his pro bono work, specifically his work on gay rights. He asked Roberts whether or not, when working on this case, Roberts had any serious moral qualms. Roberts answered no, he had no serious moral concerns over that work.
Then Sen. Kennedy came up. He harranged Roberts, by asking long involved questions and when Roberts attempted to answer, Kennedy interrupted Roberts at every turn.
So much so, that Spector interrupted and chastised Kennedy. Several times. Forcing Kennedy "to be quiet and let Roberts answer."
The only other interesting thing Roberts said, was when Sen. Feinstein came up and questioned Roberts on Stare Decisis and the Commerce Clause. On the one hand, Roberts insisted that precedent was not to be overturned, except in extreme circumstances. While on the other hand, she got an admittance from him that that he believed there were limits on congressional lawmaking.
Roberts refused to answer any questions that came up, if the question involved questions that were making their way to the Supreme Court. As well, he refused to answer any questions on matters that were making their way to the D.C. Circuit, on the grounds that if he were not confirmed, he would not allow the Senate to pigeonhole him on such matters.
When asked about civil rights and their place in war time or other civil unrest, Roberts flat stated that neither the Constitution nor the BoR were suspended because of war or other catastrophes, but that there may become necessary certain curtailments, only for so long as the emergency lasted.
All in all, my impressions are that Roberts will be confirmed. There will be at least one more session (today) of questions, before the Senate votes on confirmation. As I didn't see any real gathering of sides, I believe he will be confirmed... Barring any major revelations that may come up in todays session.
