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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