Roberts Questioning Day 1 -- PM Summary
Key points from the afternoon's hearing:
* despite the best efforts of Sen. Feinstein, Roberts refuses to discuss Roe, except to say that its precedence is well-settled.
* Roberts takes a Scalia-esque view of using foreign law in SCOTUS jurisprudence; "Judges...are appointed in a process that allows for participation in the electorate....If we're relying for a decision from a German judge for what our constituion means, no president accountable to the people appointed that judge and no senate accountable to the people confirmed that judge."
Continue reading "Roberts Questioning Day 1 -- PM Summary"
Posted by Marc Ambinder | 06:27 PM | Comments (1)
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Sen. Schumer On Civil Rights
Schumer: "My concern is that we don't have people on the court that we don't have someone who will dismantle the structural protections that have guaranteed...basic protections."
Continue reading "Sen. Schumer On Civil Rights"
Posted by Marc Ambinder | 06:24 PM |
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Sen. Graham Gets Ornery
Graham: "I think it stinks that someone can burn the flag and that's called speech. What do you think about?"
Roberts: [tries to answer]
Graham: "Show me where the term symbolic speech is in the constitution."
Roberts: ....
Graham: "I think it stinks that a kid can't go to school and say a prayer voluntarily. What do you think about that? What do you think Ronald Reagan thought about it?"
Roberts: ....
Graham: "What is it right for you to go through the nomination from a personal point of view? [There are lots of bad things said about you.] How does that make you feel?"
Posted by Marc Ambinder | 06:01 PM |
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Roberts gets slightly testy with Feingold
...in response to questions about the voting rights act memos of the early 1980s:
"Senator, you keep saying 'what I supported' and 'what I wanted to do.' I was not shaping administration policy. The administration policy was shaped by the attorney general on whose act I served. It was to extend the voting rights act without change...it was my job to promote the administration's position and that's what I was doing."
Posted by Marc Ambinder | 05:39 PM |
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Roberts doesn't answer on Hamdi
Feingold: "With regard to these opinions, which of the approaches do you find closest to your view?"
Roberts: "My understanding is of the appropriate approach is the Youngstown analysis. That is the most appropriate way to flesh out this issue."
Posted by Marc Ambinder | 05:26 PM |
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Civil Liberties and 9/11
Sen. Feingold questions Roberts on civil liberties:
Roberts: "The basic issue of how you address the question of civil liberties during war times, times of crisis, is an important one. The bill of rights doesn't change in times of war...[but] things that might have not been acceptable in times of peace might be acceptable in times of war."
Making that distinction, Roberts says, requires "dispassion."
Feingold asks about the Korematsu internment case
"Do you believe that Korematsu was wrongly decided?"
Roberts: "I don't think it's technically be overruled but I think it's widely recognized that it has no precedent value."
He refuses to answer a question about the practice of extraorndinary rendition.
Posted by Marc Ambinder | 04:16 PM |
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This Roberts quote will be subject to debate....
"When it comes to judging, I look to the law books. I always have. I don't look to the bible or any other sources."
Posted by Marc Ambinder | 04:13 PM |
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The Bray Case
Feinstein asks him about the Bray case, where he argued that clinic protests per se did not constitute opposition to women to the degree that women seeking abortions warranted extra federal protection from protestors. Men, too, were barred from entering. State law, Roberts argued, did indeed apply.
Roberts: "Are people who are opposed to abortion opposed to women? The answer that the court gave was 'no.'"
Posted by Marc Ambinder | 04:08 PM |
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Stare Decisis and Roe
Does stare decisis apply to Roe, asks Feinstein? Has Roe proven unworkable?
Roberts says "that determination...is entitled to respect"...like other principles of stare decisis. "That is a precedent on precedent. In terms of a separate determination on my part, my review of what other nominees have done is that's where they draw the line, and that's where I draw the line."
Also: "Settled expectations...people expect that the law is going to be what the court has told them it is going to be. That's an important consideration."
Feinstein: Is the reliance or settled expectation sufficient?
Roberts: "It certainly was the analysis of the joint opinion of the court entitled to respect. That is certainly be where I would begin. I would begin with the precedent that the court has laid out in this area."
Posted by Marc Ambinder | 04:01 PM |
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Feinstein Questions Roberts On Women
Judge Roberts answers Sen. Dianne Feinstein's probing questions about his views on employment equality and women in the workplace.
"I don't think in any way that is not based on full equal citizenship rights for gender."
Re: comparable worth: "The position of the administration was that there must be equal pay for equal work. The question there was whether there should be equal pay for different work....The issue there was whether judges should determine whether equal work was equal."
Posted by Marc Ambinder | 03:53 PM |
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As Feinstein Gets Underway... AP on Roberts' Abortion Answers
From the Associated Press. "We're concerned about these statements, but the proof will come when it's time for him to rule on these cases as a justice," said Troy Newman, president of the anti-abortion group.
Posted by Marc Ambinder | 03:47 PM |
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Commentary update
The Alliance for Justice on Judge Roberts' 1980s era memos: "Senator Kohl asked John Roberts a rather open-ended question about distancing himself from his Reagan-era memos. Broad, yes, but it allowed Roberts the opportunity to meaningfully distance himself from some of the more objectionable views he held.....
From Bench Memos on National Review's The Corner: "Judge Roberts showed a commitment to the rule of law and an understanding that not all precedents are created equal. Some are wrong when decided and grow weaker over time.....
Conservative Andrew Hyman is not as pleased: "I've looked over the transcript for today's morning session, and can make a few comments. For me, the answers from Judge Roberts were not encouraging......
MyDD's Chris Browers, a liberal: "We are facing the twin problems of Roberts being one of the Beltway Kool Kidz for a long time now, and general apathy on the part of the left."
Posted by Marc Ambinder | 03:36 PM |
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Roberts, The First Amendment, and Porn
DeWine: "As of late, I see that we're seeing a disturbing trend when it comes to speech in the public arena."
Roberts expounds upon the history of Supreme Court jurisprudence on the first amendment.
DeWine asks Roberts about internet pornography and the tendency of federal courts to strike down Congress's attempts at legislation.
DeWine: "Shouldn't porn that kids can access be treated differently than political speach?"
Roberts: "Pornographic expression is not protected to the same extent as...speech. The difficulty is defining what is or is not pornography...that question is antecedent to the question of what the level of protection is."
He admits its difficult for courts to determine how to categorize different levels of protection.
Posted by Marc Ambinder | 03:35 PM |
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FISA Court Appointing
The Chief Justice of the United States appoints the eleven members of the FISA court, which handles requests for FISA wiretaps. The court meets in secret. "Quite candidly," says Sen. Mike DeWine, "it does not have much oversight."
Continue reading "FISA Court Appointing"
Posted by Marc Ambinder | 03:20 PM |
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Michael Jackson and O.J. Simpson
re: justice for the rich:
Roberts: "The availability of legal services are not as broad and widespread as they should be."
Posted by Marc Ambinder | 03:10 PM |
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Key: Roberts: I Support Griswold
Kohl quizzes Roberts closely on the specifics of the Griswold.
Roberts: "I agree with the Griswold court's conclusion that marital privacy...extends to contraception."
He also distinguishes between grounding liberty rights in the 14th amendment, rather than Justice Douglas's "penumbras" approach -- that the first amendment extend outward to encompass the right to privacy. Roberts suggests that the court has chosen the former path appropriately. See this link.
Kohl unsuccessfully tries to get Roberts to say he wants President Bush to appoint a woman to the court.
Posted by Marc Ambinder | 03:05 PM | Comments (1)
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Roberts Asked About Katrina
Sen. Kohl asked Roberts what he would do to "right the wrongs" as revealed by Katrina.
Continue reading "Roberts Asked About Katrina"
Posted by Marc Ambinder | 02:57 PM |
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Automatons And The Laws
Sen. Herb Kohl questions Judge Roberts on Brown, saying that the judges there were not umpires calling balls and breaks...but, instead, broke new ground themselves.
Roberts replies that the Brown decision is more consistent with the original understanding of the 14th amendment than Plessy.
Kohl asks about judges bringing their life experiences to the bench; do judges operate as automatons?
Roberts: "Not as automatons...but the ideal in the American justice system" is self-abnegation -- not "individuals promoting their own particular views, but they're supposed to do their best to interpret the law according to their constitution."
Posted by Marc Ambinder | 02:52 PM |
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KEY: Roberts On Foreign Law
What bugs Jon Kyl: he doesn't like when the Supreme Court refers to foreign law in reversing the decisions of Congress and state legislators in the United States.
Kyl: "It's an American constitution and its meaning, by its definition, cannot be determined with reference to foreign law."
What does Roberts think about it? What, if anything, is the proper role in U.S. Supreme Court decisions?
Roberts calls the Breyer/Scalia debate "illuminating." Says there are a couple of things "that cause concern on my part" about using foreign law.
"Judges...are appointed in a process that allows for participation in the electorate....If we're relying for a decision from a German judge for what our constituion means, no president accountable to the people appointed that judge and no senate accountable to the people confirmed that judge."
"Relying on foreign precedent doesn't confine judges. It...expands the discretion of the judge. It allows the judge to incorporate his or her personal preferences and cloak them with the authority of precedent."
Posted by Marc Ambinder | 02:39 PM |
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Bipartisan Discursivity
Sen. Jon Kyl of Arizona is treating the caucus room to an extended disquisition on the nature of government, society and law, and the advancement of freedom and progress.
After about nine minutes, he asks Judge Roberts for his opinion on disputes arising from the above theme.
Roberts says that judges are on the side of the constitution in these disputes.
Posted by Marc Ambinder | 02:31 PM |
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This morning's text
Here is the text of this morning's hearings, courtesy of the AP.
Posted by Marc Ambinder | 02:08 PM |
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Schumer on Precedents
From Sen. Chuck Schumer, on his way out of the Judiciary Committee hearing:
"Every judge knows that when you cite a precedent you need to apply the precedent consistently -- you can't simply apply the precedent when it helps you and then ignore it when it hurts."
Posted by Marc Ambinder | 02:07 PM |
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Lunchtime Summary
A snapshot of where things stand as the nominee and the senators grab their lunch.
* Roberts believes that precedents are starting points and deserving of significant respect; and that departures "jolt" the system but believes there are several appropriate ways to interrogate precedents
* Roberts refuses to answer questions about Roe but suggests that he would be hard pressed to depart from its precedent without darn good reasons; still, stare decisis is a concept that yields "inexorable commands"
Continue reading "Lunchtime Summary"
Posted by Marc Ambinder | 12:48 PM |
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KEY: "They are my answers and they are not misleading."
Sen. Biden moves to the Violence Against Women Act, a Biden-authored bill that Roberts voted to overturn, and asks how domestic violence differs in Minnesota than in New York (as allegedly implied once by Roberts in an interview.)
Roberts suggests that "gender discrimination is a particular concern of mine and always has been." His three sisters "worked outside the home."
Biden: "Do you think that if a state law distinguishes between a right your son may have, your daughter may have...that the SC may engage in scrict scrutiny [if the law treats men differently than women]?"
Roberts: "Yes."
He then proceeds to suggest that Sen. Biden has confused scrict scrutiny with heightened scrutiny.
The two then spar over the definition a bit. Sen. Specter interrupts. Sen. Biden suggests he understands his own answer.
Roberts proceeds to suggest that, per a memo Biden confronts him with, gender discrimination is not subject to heightened scrutiny;
Biden then asks a long question about a Reagan-era affirmative action case. Roberts reiterates that he was giving a staff response.
Biden interrupts.
Specter: "Let him finish his answers"
Biden: "His answers are misleading."
Specter: "They may be misleading but they are his answers."
Roberts: "With respect they are my answers, and they are not misleading, and they are accurate."
Prior to this, Sen. Biden seemed to be upset that Sen. Roberts refuses to answer questions and asks him to criticize other nominees who answered questions they hadn't originally planned to. Roberts is non-plussed. The two spend about ten minutes arguing over this small point.
Twice during the hearing, Biden calls Roberts "man."
Posted by Marc Ambinder | 12:47 PM |
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Roberts On Election Law
Center-left election law prof. Rick Hasen comments on the Voting Rights Act exchange:
Continue reading "Roberts On Election Law"
Posted by Marc Ambinder | 12:33 PM |
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Biden asks long questions....
Biden flatters Roberts by comparing him to Ken Griffey Jr.; then extends, somewhat painfully, the judge's oft-repeated baseball metaphor.
If the judge is an umpire, how does the constitution narrow or extend the strike zone. "As much as I respect your metaphor, it's not very apt. You get determine the strike zone."
Biden asks "do you think there is a liberty right to privacy that extends to women in the constitution?"
Roberts: "Certainly."
Biden: "Will it be a ball or a strike if a state passed a law prohibiting abortion?"
Roberts declined to answer.
Posted by Marc Ambinder | 12:28 PM |
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AFJ on the Kennedy/Roberts Exchange
From the Alliance for Justice's Inside Scoop:
"We’ve had our first judicial filibuster. Or at least a filibuster by a judge. In the sharpest exchange of the hearings thus far, Senator Kennedy questioned Roberts about voting rights and other civil rights issues."
Continue reading "AFJ on the Kennedy/Roberts Exchange"
Posted by Marc Ambinder | 12:17 PM |
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Sekulow's Thoughts
ACLJ's Jay Sekulow, one of the most influential conservative lawyers in the country, sums up the first part of the hearings:
Continue reading "Sekulow's Thoughts"
Posted by Marc Ambinder | 12:09 PM |
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Roberts on personal beliefs and more on precedent
Once again, Roberts suggests that his own views are not, and will not be dispositive in his decisions.
"You don't look at your values and beliefs. You look outside yourself."
Sen. Grassley's questions to Roberts, read from notes, do not break new ground and Roberts rehashes his views on the proper role of judges in a democratic society.
Continue reading "Roberts on personal beliefs and more on precedent"
Posted by Marc Ambinder | 12:06 PM |
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Roberts Breaks His Calm: Kennedy Spars With Roberts On Voting Rights
Roberts says he is hesitant to comment on the renewal of the 1965 voting rights act because those cases come before the court. Kennedy is not satisfied with his answer and asks him about the constitutionality of the 1968 federal fair housing law. Roberts says he is not aware of any arguments raised about the act's constitutionality.
Continue reading "Roberts Breaks His Calm: Kennedy Spars With Roberts On Voting Rights"
Posted by Marc Ambinder | 11:26 AM |
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News Update
Bloomberg finds news in what Roberts said about a right to privacy.
"John Roberts, the nominee to be U.S. chief justice, told a Senate panel that the Constitution contains a right to privacy, disavowing comments he made as a government lawyer in the 1980s."
And the Associated Press notes that he has dodged a specific answer to Roe at least four times.
Posted by Marc Ambinder | 11:16 AM |
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Kennedy Invokes New Orleans; Roberts Discusses Brown
The senior senator from Massachusetts invokes the specter of New Orleans as a way to get into questions about equal treatment and Congress's ability to right wrongs.
Roberts says he agrees with Brown.
Kennedy begins to read portions of the decision and asks Roberts whether he concurs. For example: "Was the court right in basing its decision on the real world state of public education in the 1950s versus the state of education as it existed in the 1880s?"
Roberts: "Yes...the nature of public education as an institution wasn't formed...[when the 14th amendment was ratified]."
"The conclusion was that they didn't care if the effects were equal. The genius of the decision was the recognizing of the act of separating the students was where the violation was."
Posted by Marc Ambinder | 11:07 AM |
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Key: Is Overturning Congress Presumptively Activism?
Hatch asks Roberts what judicial activism means to him. When the court strikes down a congressional act, is that activism?
"If the court strikes down an act of Congress and it's wrong, that's not an act of judicial activism, it's just being wrong."
"It is not judicial activism when the courts do that."
Posted by Marc Ambinder | 10:57 AM |
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Specter the most informative?
Notes Tom Goldstein's SCOTUS BLog, "So far, Senator Specter's questions are a model for how to get genuine information from the nominee, while Senators Leahy and Hatch haven't generated much of anything of substance."
Posted by Marc Ambinder | 10:52 AM |
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Roberts On Unelected Judges
Hatch questions Roberts about the "role of unelected judges in our democracy" and asks Roberts to sketch out his views of this balance.
Roberts begins by citing Marbury v. Madison. "We have to decide what the constitution means. And that's what the framer's intended. The obligation to decide cases is the only basis to interprtet the constitution and laws."
"Judges have to decide hard questions...according to the rule of law, not their own social preferences, not their policy views, not their personal preferences."
Posted by Marc Ambinder | 10:49 AM |
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Is Roberts An Originalist?
...asks Sen. Hatch?
"I prefer to be known as a modest judge."
"The court has to appreciate that...they are interpreting the law. They're not making policy. Beyond their confirmed limits when they make policy or execute the law, they lose their [legitimacy.]"
Hatch suggests that Roberts is "eclectic."
Roberts: "I tend to look at the cases from the bottom up, rather from the top down. You begin with the precedents. There are some cases where everyone is a literalist. Other cases ... are broader."
Posted by Marc Ambinder | 10:38 AM |
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Roberts On Franklin Case
Heated questioning from Sen. Leahy on the Franklin sexual harassment case, Roberts says he has no problem with the precedent and says the case turned mostly on how apply the case law.
Posted by Marc Ambinder | 10:32 AM |
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War Powers, Congress's Powers
"Certainly" -- Congress can make rules that impinge upon the president's command function. But Roberts says that those laws can conflict with the President's perception of his duties. And those cases may wind up in court.
Roberts: "No one is above the law, and that includes the president."
Leahy: "Can I assume that you would hold the internment of all residents of this country...unconstitutional?"
Click extended entry for an RNC research document on this topic and an Alliance For Justice blog post.
Continue reading "War Powers, Congress's Powers"
Posted by Marc Ambinder | 10:22 AM |
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Some color from the hearing room
...from Blackberry-equipped sources in the room. The 101st Senator, Ralph Neas, has a prominent seat. Sen. Joseph Biden just entered; Sen. Ted Kennedy has dipped in and out.
Posted by Marc Ambinder | 10:12 AM |
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Roberts On Balance Of Powers
Sen. Patrick Leahy questions Roberts closely on his previous writings on the balance of power between the Congress and the executive branch.
Continue reading "Roberts On Balance Of Powers"
Posted by Marc Ambinder | 10:11 AM |
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Roberts On Romer
Specter asks Roberts about his pro bono work in the Romer case involving gay rights in Colorado. Was Roberts personally offended by his participation in the case?
Roberts: "I was asked frequently by other partners to help out and I never turned down the request. I think it's right that if there had been something morally objectionable, I suppose I would have. [But] good lawyers can argue any type of a case."
Posted by Marc Ambinder | 10:00 AM |
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KEY: Roberts On Right To Privacy
Specter asks if Roberts believes the const. contains a right to privacy:
Roberts: "I do."
More: "The right to privacy is protected by he constitution in various ways...It's prot. by the 4th amendment... protected under the 1st amendment [which] protects privacy in matters on conscience...and in addition, the court has, over a series of decisions going back eighty years, that personal privacy is a component of the liberty protected by the due process clause...not just procedurally but in substantive matters as well.
Roberts acknowledges his 1980s-era memo where he added scare quotes to a "so-called" right to privacy, were the views of his superior and do not currently reflect what he personally believes.
Continue reading "KEY: Roberts On Right To Privacy"
Posted by Marc Ambinder | 09:55 AM |
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Specter Tries To Push Roberts On Roe; Roberts Won't Budge
Roberts notes that the Court has held that significant societal dispute over an issue has been held as a sufficient reason -- or at least justified as such by the Court -- to re-examine precedent. But, he says, it is a "jolt" to the legal system if precedence is overturned. Specter: "A jolt to the legal system?" Roberts: "The principles of stare decisis [recognize] that [occasionally] that's a price that has to be paid." Brown v. Board, he notes, overturned precedent but the price was worth the benefits. Roberts: "It's not enough that you might think the precedence is flawed. But [There are] considerations on the other side."
Specter asserts that the Court had 38 occasions to overrule Roe and whips out hughe blue chart listing those 38 cases. As photographers click away, Specter points to some of them. He asks whether Roe might be a "super-duper" precedence in light of 38 opportunities to address it. Roberts responds that for him what matters most is when the Court itself is tasked with examining the precedent.
Roberts: "there's nothing in my personal view that will prevent me from applying the principles of the court faithfully under stare decisis."
Posted by Marc Ambinder | 09:50 AM |
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Specter Begins With Roe
To continue yesterday's baseball metaphor, right off the bat, Sen. Arlen Specter questioned Judge Roberts on stare decisis and the right to abortion found in Roe. "Would you agree with...stability and humility in the law...as principles with stare decisis?"
Continue reading "Specter Begins With Roe"
Posted by Marc Ambinder | 09:36 AM | Comments (1)
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Morning briefing
"Let senators ask whatever they want to," Sen. Arlen Specter told reporters yesterday ``He can protect himself."
The Chicago Tribune's Jan Crawford Greenburg has a good wrap of the day.
Nearly every scribe writes high about Judge Roberts' near-extemporaneous opening statement. The New York Times' Linda Greenhouse found out that "The White House team handling his nomination as chief justice had not seen the statement in advance, and Judge Roberts had not rehearsed it before the "murder board" that helped prepare him for the confirmation process."
"...the positive reaction to Bush's nominee to replace the late Chief Justice William H. Rehnquist and the internal head counts in the Senate have forced Democrats to adopt a different stance in approaching the hearings, one aimed as much at future elections as the question of whether Roberts will become the next chief justice," writes the Washington Post's Dan Balz. "A new Washington Post-ABC News poll shows that, by 2 to 1, Americans say he should be confirmed."
Courtesy of the New York Times, here's yesterday's transcript.
Posted by Marc Ambinder | 08:41 AM |
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Tuesday's schedule
John Roberts sits for questions beginning at 9:30 am. There's a one hour lunch break at 1pm and a break for dinner at 6pm. Each senator gets thirty minutes at the till.
Posted by Marc Ambinder | 08:31 AM |
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End It
The hearing reconvenes tomorrow at 9:30 am tomorrow.
Posted by Marc Ambinder | 03:34 PM | Comments (1)
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Coverage
NBC News is in a special report. The other networks are in regular programming.
Posted by Marc Ambinder | 03:33 PM |
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His Committment
I come before the committee with no agenda or no platform...but I do have a committment... I have a committment, I will consiuder every case with an open mind. I will fully and fairly analyze the facts at hand..."
Posted by Marc Ambinder | 03:32 PM |
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On his awe of the law
When he was deputy SG in the Reagan admin., "I always found it very moving to say 'I speak for my country.'" But says that once he left the gov't and argued cases against the US, he appreciated the magnamity of the rule of law as evidenced by the power of the Supreme Court.
Posted by Marc Ambinder | 03:30 PM |
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Roberts On Rehnquist
The nominee lauds the career and spunk of his former boss, who died last week. "A certain humility should characterize the judicial role. Judges and justices are servants of the law, not the other way around."
He compares the role of judges to the role of umpires.
Posted by Marc Ambinder | 03:29 PM |
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Roberts speaks!
He begins by thanking the committee and his introducers. He reiterates his thanks to POTUS for nominating him.
Posted by Marc Ambinder | 03:27 PM |
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So help him God
the swearing in... the classic pose of the nominee.... view it and enjoy.
Posted by Marc Ambinder | 03:26 PM |
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Crossword
Democrats are sending around a screen grab of a C-SPAN wide shot that shows, very clearly, a crossword puzzle on the table in front of Sen. Coburn from Oklahoma. We say: it's a long hearing. Leave the guy alone.
Posted by Marc Ambinder | 03:26 PM | Comments (4)
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Sen. Bayh
For those of you wondering if Sen. Bayh said anything to (a) advance or (b) derail his possible, presidential bid... well, he didn't.
Posted by Marc Ambinder | 03:23 PM |
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Tomorrow
So what's next? Tomorrow, the questioning of Roberts begins. It continues, if necessary, on Wednesday. The committee plans a vote on the nomination no later than 9/22, and the Senate plans a floor debate the week of the 26th.
Posted by Marc Ambinder | 03:21 PM |
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Check Your Mic
Sen. Evan Bayh's microphone failed as he began to speak.
Posted by Marc Ambinder | 03:16 PM |
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Sen. Lugar Lectures The Committee
After a short introduction of Judge Roberts, Sen. Lugar launches into a broadside against the "political campaign" that marks the modern Supreme Court confirmation hearing. He calls it a "fundamental departure from the vision of those who ... crafted our constitution."
Posted by Marc Ambinder | 03:15 PM |
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The Introduction
The Indianan Roberts will now be introduced by Sen. Warner of Virginia and Sens. Bayh and Lugar of Indiana. Five minutes per statement.
Posted by Marc Ambinder | 03:10 PM |
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Coburn In Tears
as he says: "When I ponder our country... my heart aches for less diviseness, less polarization, less fingerpointing, less bitterness, less mindless partisanship, which at times sound almost hateful to the ears of Americans."
Posted by Marc Ambinder | 03:07 PM |
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Question
How does a court not inherently create policy? At least not a tiny bit? If every case before it involves an interpretation of policy as applied to the law?
Posted by Marc Ambinder | 03:05 PM |
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Sen. Coburn
Amusingly notes the life-span predictions of his fellow senators and suggests that without a full physical examination, we don't know how healthy Judge Roberts really is. Ahem.
Posted by Marc Ambinder | 03:04 PM |
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Kids Are Cute
The Associated Press watches Judge Roberts' cute kids with near-voyeuristic eyes:
"In the gilded, marbled and pillared majesty of the Caucus Room of the Senate's Russell office building _ site of hearings on momentous national events ranging from the sinking of the Titanic to Watergate _ it was the children who stole the show at the start of Day One of Roberts' Supreme Court confirmation hearings."
"That is as staged a photo op as you'll have," happily proclaimed Sen. Patrick Leahy, D-Vt., after posing with Roberts and his wife Jane, committee Chairman Arlen Specter and the kids, who occupied the center spots. Jack, already something of a national figure for kicking up his saddle shoes to dance as President Bush first nominated Roberts for the court in July, was fidgeting even before Specter, R-Pa., banged the meeting to order."
"He flexed his muscles for photographers, then snuggled shyly into his dad's arms as camera shutters whirred like a cloud of locusts."
"Wide-eyed Josie softly patted Jack's back reassuringly, then reached out for her mother's hand for her own reassurance."
Posted by Marc Ambinder | 03:02 PM |
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Is Sen. Coburn Doing A Crossword Puzzle?
Democrats are TIVOing video of the hearings right now to determine just what Sen. Coburn is scribbling down. We'll give the Senator the benefit of the doubt; after all, he speaks next. Heck, maybe it's Soduku.
Posted by Marc Ambinder | 02:59 PM |
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Breaking News: Brown Out
FEMA's Mike Brown has submiitted resigned, according to the AP and various news organizations.
Posted by Marc Ambinder | 02:57 PM |
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Durbin on religious tests
Those who renegotiate the boundaries between church and state would trade a system that has served us so well for one that has served others so poorly.
Posted by Marc Ambinder | 02:52 PM |
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Sen. Durbin on the Reagan-era memos:
"We cannot assume that time or maturity has changed your opinion" of those memos.
Posted by Marc Ambinder | 02:47 PM |
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Scintillating
So the television viewing this afternoon might have not been the most energizing, but stay tuned: next are Sens. Brownback and Coburn, two Republicans who will probably deliver iconoclastic and unobsequious addresses. Then Judge Roberts.
Posted by Marc Ambinder | 02:45 PM |
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First substantive mention of religion...
Sen. Cornyn decries the notion that some courts have turned the constitutional principle of religious neutrality on its head; the courts have now treaded into the realm of "religious hostility," he says.
Still no mention (that we've heard) of how appropriate it is (or isn't) to wonder whether Roberts' adherence to his Catholic faith will unduly influence his jurisprudence.
Posted by Marc Ambinder | 02:39 PM |
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Cornyn: "Don't Take The Bait"
"I know that some members of this Committee, through their questions, will try to entice you not to follow the rules of ethics and the long tradition described by Justice Ginsburg. But that should not concern you, Judge Roberts. Don’t take the bait. Do exactly the same thing every nominee—Republican and Democrat alike—has done. Decline to answer any question that you feel would compromise your ability to do your job. The vast majority of the Senate, I am convinced, will not punish you for doing so. Rather, I am convinced that the vast majority of the Senate will respect you for this decision because it will show you to be a person of great integrity and independence, unwilling to trade your ethics for a confirmation vote."
Posted by Marc Ambinder | 02:38 PM |
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Want To Know When Bush Will Pick His Next Nominee?
Just put a tail on Sen. Cornyn... he was at the White House the morning that Bush nominated Roberts, and we suspect he'll be called there again right about the time the President picks a second replacement for Justice O'Connor.
Posted by Marc Ambinder | 02:35 PM |
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RNC slams Biden
From research sent out by the Republican National Committee: "BIDEN’S FALSE ATTACKS ON PRIVACY, GENDER AND AGENCIES..."
Continue reading "RNC slams Biden"
Posted by Marc Ambinder | 02:34 PM |
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Schumer's metaphors and idioms, collected
"We all know that it is the ice beneath the surface can still sink the ship..."
" ...in the Biblical sense of the angels trembling in the presence of God."
"...an overachiever can identify with an underdog who has nothing but the Constitution on his side."
"... the sharpness of your mind, but also the fullness of your heart..."
"...we have only scratched the surface..."
Posted by Marc Ambinder | 02:29 PM |
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Schumer
"to those who say that ideology doesn't matter should take their quarrel to President Bush."
Posted by Marc Ambinder | 02:26 PM |
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Write Your Own Roberts Memo
Given that we know that a young conservative lawyer named John Roberts liked to write memos with a wicked sense of humor, we'll accept submissions for the memo Roberts would write to future nominees who are forced to endure several hours worth of opening statements while sitting ramrod straight in a hard chair.
Posted by Marc Ambinder | 02:25 PM |
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Graham Boils It Down
Graham says he "completely undertstands and respects" Sen. Feinstein's view of Roe v. Wade but notes (correctly) that if the Senate had voted solely on that principle, "Justice Ginsberg would not be Justice Ginsberg."
Posted by Marc Ambinder | 02:20 PM |
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Sen. Graham
Graham: "We're here to talk about you. And whether or not you are qualified to sit on the Supreme Court. Whether or not you have the intellect, integrity and the character." He quotes Sen. Kennedy as saying much the same thing and then nudges the Massachusetts Democrat for being inconsistent. Graham says the 80s memos reflect a "conservative lawyer advising a conservative president" and says that the "other side" has misconstrued these memos because they simply do not understand the conservative viewpoint on affirmative action and civil rights.
Posted by Marc Ambinder | 02:14 PM |
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The Hearing So Far
1. Specter isn't satisfied: clearly, the committee chair will not engage Judge Roberts in playful bandinage. In his business-like statement, Specter seemed very concerned about the Rehnquist court's tendency to too readily strike down Congressional actions. Specters says he won't ask about Roe but will ask other, unspecified questions about some of the legal issues related to Roe.
2. Sen. Feinstein will question Roberts on privacy and abortion
3. Sen. Biden says he'd vote "no" on the basis of the Roberts documents he's seen.
4. Highlights of the afternoon session: Sens. Schumer (D) and Brownback (R) and Graham (R).
Posted by Marc Ambinder | 02:06 PM |
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A Break
Six more opening statements, after a break for the Senators.
Posted by Marc Ambinder | 02:00 PM |
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Feingold More
... warns Roberts to "make every effort" to answer specific questions posed to him by the Senators. And says he will be "looking for a different John Roberts than the John Roberts of 1985."
Posted by Marc Ambinder | 01:46 PM |
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Sen. Feingold
Sen. Russ Feingold says the judiciary commitee is "tasked by the Senate of getting a complete picture of your qualifications." the CJUS is subject to the most strict level of scrutiny. Feingold says that the calls for a "dignified" process ought not result in "tough" questions being "out of bounds." He warns Roberts to not be "inscrutable" in his answers. "I don't think the public is required to wait until a new chief justice is seated on the Supreme Court to get some idea of what a new chief justice thinks."
Posted by Marc Ambinder | 01:46 PM |
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Why
Why are some Republican Senators spending so much time fruitlessly warning Democratic colleagues against questioning Roberts' specific views and so little time discussing his credentials and experience?
Posted by Marc Ambinder | 01:41 PM |
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Sessions to Roberts:
"Welcome to the pit."
Posted by Marc Ambinder | 01:38 PM |
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Rare Rehnquist Criticism
Sen. Feinstein criticizes the late chief justice for "applying a much more restrictive interperation of the constitution which has limited the role of Congress. The court has adopted a politically conservative, states rights view of certain provisions." That approach, Feinstein said, has led the court to "severely restrict the ability of Congress to tackle nationwide issues.
Posted by Marc Ambinder | 01:30 PM |
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Sen. Mike DeWine
Sen. Mike DeWine, a member of the Gang of 14, calls for "a simple and limited approach" to jurisprudence and extols the value of judicial restraint. He quotes directly from an earlier call by Judge Roberts for such minimalism and praises him for his credentials and his approach to making decisions.
Posted by Marc Ambinder | 01:26 PM |
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Feinstein: Choose To Act About Choice
After the relatively staid statements by Sen. Kohl and DeWine, we'd bet the hearing room is anticipating the sure-to-be passionate opening remarks from Sen. Dianne Feinstein. See below for excerpts from her prepared remarks.
Posted by Marc Ambinder | 01:25 PM |
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Senators Spar Over Roberts
Here's the first write-thru from the Associated Press: "Senate Democrats and Republicans sparred over the appropriateness of questioning John Roberts about divisive issues as the Senate opened confirmation hearings Monday on President Bush's choice to be the nation's chief justice."
Continue reading "Senators Spar Over Roberts"
Posted by Marc Ambinder | 01:20 PM |
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Guest gets
CNN nabs former Attorney General John Ashcroft (ostensibly for Katrina coverage). Court TV has Ken Starr and Alan Dershowitz. Fox and MSNBC have joined CNN in dipping in and out of the hearings. PBS and C-SPAN remain the only outlets providing gavel-to-gavel.
Posted by Marc Ambinder | 01:17 PM |
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Politicians Are Political
Activists on both sides have sent out research demonstrating that what Senators say they expect a nominee to say or not say depends a great deal on what they want out of the hearing. The Alliance for Justice, a liberal group, found Sen. Hatch (R) to have said this in 1997:
Continue reading "Politicians Are Political"
Posted by Marc Ambinder | 01:15 PM |
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Herb Kohl
In case you are wondering, the gentleman speaking now is Dem. Sen. Herb Kohl of Wisconsin, one of the few members of the judiciary committee who has not yet become a national political figure.
Posted by Marc Ambinder | 01:06 PM |
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Sen. Kyl
"Judge Roberts clearly is eminently qualified to serve as CJSCOTUS."
Kyl's view of the proper scope of the committee's questions: "It is not appropriate for a Senator to demand a nominee's views on issues that come before the court." Kyl cites Dem. presidential counselor lawyer Lloyd Cutler on this point.
Posted by Marc Ambinder | 01:02 PM |
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Biden's Early Vote
"If I look only at what you've said and written, I would have to vote 'no."
Posted by Marc Ambinder | 12:54 PM | Comments (1)
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Abide By Biden's Rules
Sen. Joe Biden recalls that even though it's true that the Senate Judiciary Committee didn't use to bring judges before it, a unanimous consent measure was required to bring a nominee to the floor.
Posted by Marc Ambinder | 12:53 PM |
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Talkback: Cornyn On Katrina Talk
Sens. Kennedy and Leahy have used their speeches to link what they see as the failure of the federal government to help after Katrina to an unfulfilled vision of civil rights.
Continue reading "Talkback: Cornyn On Katrina Talk"
Posted by Marc Ambinder | 12:51 PM |
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Exclusive: Sen Schumer Before He Speaks
Here are excerpts from Sen. Chuck Schumer's opening statement as prepared for delivery:
Continue reading "Exclusive: Sen Schumer Before He Speaks"
Posted by Marc Ambinder | 12:48 PM |
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TV so far
Fox, MSNBC and CNN were all up with the hearings. But CNN dumped out out Sen. Kennedy spoke.
Posted by Marc Ambinder | 12:47 PM |
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Grassley, Old School
Sen. Chuck Grassley (R-IA) began by noting how CJ Rehnquist was a "consistent voice for judicial restraint."
"At our meeting, I was encouraged by your respect for the limited role of the courts in our democratic society."
Grassley then seemed to decry the advent of televised confirmation hearings, which puts him squarely at odds with Sen. Specter, who seemed to welcome in his statement a future where even Supreme Court arguments are televised.
Grassley called Judge Roberts a "victim" of heightened, Internet-era scrutiny.
Continue reading "Grassley, Old School"
Posted by Marc Ambinder | 12:23 PM |
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No Roe, Yes Griswold
Sen. Specter says he won't ask Roberts directly about Roe but does plan to ask him whether he believes in a right to privacy. He also plans to ask about the Violence Against Women Act (which Roberts, as an appellate judge, ruled against) and the proper balance between state and federal rights.
Posted by Marc Ambinder | 12:09 PM |
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Sen. Leahy
Sen. Leahy begins by fondly recalling how Chief Justice Rehnquist vacationed in his home state of Vermont. He then uses the example of Katrina to suggest that the federal government, is, in his view, vital to the health of the nation and that the disparate impact on black New Orleans shows how far the country must progress before all races are treated equally.
Posted by Marc Ambinder | 12:02 PM |
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Feinstein opening statement
Excerpts from Sen. Dianne Feinstein's opening statement, as prepared for delivery: "The person who occupies the seat of Chief Justice needs to see that justice is provided to all Americans –men and women of all races and creeds, rich and poor, weak and powerful, Democrats and Republicans, young and old."
Continue reading "Feinstein opening statement"
Posted by Marc Ambinder | 11:57 AM |
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Kennedy's opening statement
Here are excerpts from Sen. Edward M. Kennedy's opening statement, as prepared for delivery: "As we are all well aware, the Senate's action on this nomination is profoundly important. It is a defining opportunity to consider the values that make our nation strong and just, and how to implement them most effectively, especially the guiding principle of more than two centuries of our history – that we are all created equal. Our commitment to this founding principle is especially relevant today. Americans are united as rarely before in compassion and generosity for our fellow citizens whose lives have been devastated by Hurricane Katrina."
Continue reading "Kennedy's opening statement"
Posted by Marc Ambinder | 11:11 AM |
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Some cool things about John Roberts
1. He drives a Volvo.
2. Today, he drove said Volvo to the hearings. (One would think he'd be placed in an armored limo and transported via motorcade.)
Posted by Marc Ambinder | 11:09 AM |
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The debate about the questions
Before the debate about Judge Roberts' answers, let us turn for a moment to the protracted debate about what sort of questions it's ok for Senators to ask of the nominee, and what sort of answers it's ok for him to give. "OK" here seems to refer to the collective wisdom of the commentariot, which doesn't want a candidate for an un-elected office to prejudge cases before he hears them. All the judge out to do, in this accounting, is to promise to faithfully abide by precedent, deliberate on merit, and stick to the facts of the case as provided.
Continue reading "The debate about the questions"
Posted by Marc Ambinder | 10:35 AM |
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Welcome
Today, we'll be liveblogging the start of the Senate's confirmation hearings for Judge John Roberts. The schedule today calls for us to hear from the man himself in the late afternoon. The undercard, if you will, is comprised of the opening statements of Senators on the committee, followed by three Senators who will formally introduce the judge: GOP Sen. Richard Lugar of Indiana, Republican Sen. John Warner of Virginia, and Sen. Evan Bayh, also of Indiana and a Democrat. The hearing kicks off around noon and is scheduled to end around 4:15 pm. That is, of course, if the Senators stick to their agenda and don't talk for more than their alloted time.
Posted by Marc Ambinder | 10:28 AM |
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Stepping Out
Since her election to NY SEN, Dems have been waiting for Hillary Clinton to take the role the media awarded her years ago: nat'l spokesperson for the Democratic Party. Clinton performed in that role for the first time yesterday.
-- ClintonWorld has appeared very timid to cross this admin when the spotlight's the brightest. (In fact, we spent all August waiting for her position on Intelligent Design and Cindy Sheehan; lucky for her, no one's asking about them now).
-- But stepping out on Katrina is actually a no-brainer for her. It highlights one of her husband's admin greatest strengths (FEMA) and makes sure she doesn't hurt the Clinton brand with her husband's staunchest supporters: African Americans (FYI: she keynotes CBC gala 9/21). BTW, anyone else noting how comfortable she is with saying the "Clinton administration" now?
-- There's a downside, of course. As Clinton continues to repair her political brand with moderates, the GOP may now see this as an opportunity to paint her as a liberal by lumping her in with Dean, Pelosi and Reid, the three folks who are actually charged with leading the party. (#16)
Posted by ereed | 02:34 PM |
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The GOP In Stereo(Type)?
For months, RNC Chair Ken Mehlman has made minority outreach, particularly to African Americans, a significant piece of his party-building agenda. Has he just wasted his first year in office?
-- Among the things Mehlman's been attempting to do is change the stereotype that Republicans don't care about black people. It's been a sincere effort, complete with an apology for the party practicing so-called "Southern strategy" in election seasons. While there's still time for the GOP to right this ship, the initial week following Katrina hasn't done anything to change the GOP's image with black voters.
-- From Barbara Bush's very 1950s bourgeois statement in the Houston Astrodome to Dennis Hastert's don't rebuild it to now Rick Santorum's penalize those who didn't evacuate, the file of examples Dems can use to say 'Republicans don't care about you' is now thicker. Hastert and Santorum have retracted in some way and all probably spoke before they thought. But it just exemplifies how far the GOP has to go when it comes to relating to black voters.
-- This is not just about building new bridges; Mehlman's added challenge could be making sure elected GOPers understand black politics.
Posted by ereed | 12:19 PM |
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