Wednesday, July 20, 2005

What should John Roberts say to the Senate?



President Bush's nomination of John Roberts indicates that the Senate Judiciary committee will be having a partisan free-for-all in the coming days.

How should John Roberts respond to questions from Senators? Look here for an interesting model.

In summary:


"Ginsburg’s hearings demonstrate that there are many valid reasons why a judicial nominee may decline to answer the questions posed by individual senators. Justice Ginsburg declined to answer, or gave only generalized answers, to a vast number of the questions she was asked during her confirmation hearings. Despite this, Justice Ginsburg was confirmed by a vote of 96-3, which suggests that the Senate recognized her reasons for caution as valid and appropriate. In light of this precedent, the Senate and current judicial nominees should carefully apply those same reasons for caution (discussed above) to establish a common understanding of the rules for a confirmation hearing. This understanding will help in avoiding much of the delay and conflict that has become part of the confirmation process."

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