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Sen. Kohl asked Roberts what he would do to "right the wrongs" as revealed by Katrina.

Roberts: "...equal justice under law. The most important thing the judicial branch can do is to uphold the rule of law. That's the key to making [rights] meaningful."

Kohl: "In spite of all of our rules, we saw what happened in New Orleans. Do you see a particular role for improving our ability to respond to the needs to those people who live under those circumstances."

Roberts: "The courts are passive institutions. We don't go out and bring cases. We don't have the constitutional authority to make the law."

Posted by Marc Ambinder | 02:57 PM