Marathon Man

Supreme Court nominee John Roberts answers questions Tuesday on the second day of confirmation hearings.

The John Roberts confirmation hearings in the Senate Judiciary Committee today stretched into the eleventh hour before the session concluded. The fact that Roberts could withstand those proceedings, straight out of the theatre of the absurd, for that length of time, is testimony to his patience and his stamina.

Roberts was remarkably polite and composed when faced with the discourteous displays from the Democrat members of the committee. Only a confident, brilliant man could suffer those fools so graciously.

WASHINGTON (AP) -- Chief Justice-nominee John Roberts repeatedly refused to answer questions about abortion and other contentious issues at his confirmation hearing Tuesday, telling frustrated Democrats he would not discuss matters that could come before the Supreme Court.

"I think nominees have to draw the line where they are most comfortable," said Roberts, who also sidestepped questions about civil rights, voting rights and the limits of presidential power in a long, occasionally antagonistic day in the witness chair.

Appearing before the Senate Judiciary Committee, he said past Supreme Court rulings carry weight, including the Roe v. Wade decision that legalized abortion in 1973. But he quickly balanced that by adding that the same principle allows for overturning rulings, as well.

Over and over, he assured lawmakers he would be guided by his understanding of the facts of cases, the law and the Constitution, not by his personal views.

"My faith and my religious beliefs do not play a role," added Roberts, who is Catholic.

"I will be my own man," he said later in a daylong session that Republicans said had firmly established his prospects for swift confirmation.

...Roberts struck sparks when he indicated his refusal to answer certain questions was based in part on a precedent of "no hints, no forecasts, no previews" that Justice Ruth Bader Ginsburg set at her hearings a dozen years ago.

"That is not true, judge," interrupted Sen. Joseph Biden, D-Del., telling Roberts that Ginsburg had been far more forthcoming, particularly about abortion.

Specter broke in at that point _ one of several times he did so during the day _ telling Biden to let Roberts finish his answer.

Biden said Roberts wasn't answering at all, then said to the witness seated a few feet away: "Go ahead and continue not to answer."

...Roberts sparred briefly with Sen. Edward M. Kennedy, D-Mass., who referred to some of the memos in asking about the views expressed in some that have been made public.

"If your position prevailed, it would have been legal in many cases to discriminate in athletics for girls, women. It would have been legal to discriminate in the hiring of teachers," Kennedy said.

"You have not accurately represented my opinion," Roberts replied.

"Those are your words," Kennedy retorted, but Roberts was unrelenting. "Senator, you did not accurately represent my opinion," he said.

Sen. Patrick Leahy of Vermont, the senior Democrat on the panel, asked about the limits of presidential power, specifically if the chief executive would be obligated to heed a law calling for the withdrawal of U.S. troops from foreign soil by a fixed date.

"I don't want to answer a particular hypothetical that could come before the court," Roberts replied.

Read this excellent analysis by Jay T. Jorgensen, "PRECEDENT FROM THE CONFIRMATION HEARINGS OF RUTH BADER GINSBURG FOR THE CONDUCT OF JUDICIAL NOMINEES."


Ruth Bader Ginsburg

(Excerpt)

Senator Biden said “the public is best served by questions that initiate a dialog with the nominee, not about how she will decide any specific case that may come before her, but about the spirit and the method she will bring to the task of judging. There is a real difference … between questions that focus on specific results or outcomes, the answers to which would risk compromising a nominee’s independence and impartiality, and questions on judicial methods and philosophy. The former can undermine the dispassionate and unprejudiced judgment we expect the nominee to exercise as a Justice. But the latter are essential and contribute critically to our public dialog.”

Biden and his Democrat colleagues on the committee are clearly holding John Roberts to a different standard than they granted to Ruth Bader Ginsburg.

Surprise, surprise!

The Associated Press and other liberal news outlets are reporting the day's happenings according to the Dems' template, crying that Roberts "dodged" and "sidestepped" questions.

In fact, Roberts is handling the sniping Dems superbly, with wit and intelligence.

After Specter rebuked Biden for refusing to give Roberts the opportunity to answer a question, Biden was especially annoying. He made a mockery of the hearings, pouting and saying, "Go ahead and continue not to answer."

That behavior is inexcusable; but sadly, it's befitting the Democrats on the Senate Judiciary Committee.

It's obvious that Roberts is in a completely different league in terms of both intellect and character.

Without a doubt, President Bush made an excellent choice in nominating John Roberts to be the Chief Justice of the Supreme Court of the United States.