Friday, July 22, 2005

On John Roberts



"We'll still get a noisy battle, because the MoveOn.org crowd can't help themselves, but unless they can dig up some mud we aren't now aware of, the left is about to discover that losing Presidential elections has judicial consequences."
To the Dems, it’s all "fill in the blank" opposition obstructionism. That’s the reverberating battle cry shouted from Sen. Schumer’s cell phone.

Roberts is expected to play the Ginsberg card ("I must avoid giving an advisory opinion on any specific scenario, because ... that scenario might come before me," which was how Justice Ginsburg put it during her confirmation hearing); fall back on his “settled law” statement regarding Roe v. Wade; and the WH will claim privilege when Dems demand to see Roberts’ memos from his Solicitor General office days. Of course, Dems won’t declare that confidentiality nearly as binding as say, the confidentiality between a journalist and a leaky source.

The stealth angle abounds -- Dems would love another Souter. But, I suspect Roberts may cloak his stealth in moderation, if cloaking stealth at all.

The “gang of three” (Ted Kennedy, Richard Durbin and Chuck Schumer) will huff and puff with “all” their questions, smear tactics, and self-promotion. We can only hope Orrin Hatch is around to display his acumen from Roberts’ 2003 confirmation hearing:

In the beginning of Wednesday's Senate Judiciary Committee confirmation hearing for Bush nominee John G. Roberts Jr., Chairman Orrin Hatch praised Democrat Sen. Charles Schumer of New York for asking "intelligent" questions, but then Hatch switched gears.

"Some [of his questions] I totally disagree with," Hatch of Utah said. "Some I think are dumbass questions, between you and me. I am not kidding you. I mean, as much as I love and respect you, I just think that's true."

A stunned Schumer asked if he heard the chairman correctly, to which Hatch said yes. Again, Schumer asked Hatch if he would like to "revise and extend his remark," congressional speak for change his mind.

A former trial attorney, Hatch replied: "No, I am going to keep it exactly the way it is. I mean, I hate to say it. I mean, I feel badly saying it between you and me. But I do know dumbass questions when I see dumbass questions."


LynZee

Related:
It’s John Roberts

Schumer & Judicial Philosophy

Schumer Going To War

Bush's SCOTUS Nominee

The Judges War

Sandra Day O'Connor