September 14, 2005

AS A PURELY TACTICAL MATTER....:

...mightn't the GOP want to consider just not asking any more questions of Judge Roberts? He's handling the Democrats so deftly that there's really no need to rehabilitate him, which is what the majority usually uses its time for. Just let the Democrats bury themselves and keep one Republican on hand if needed.

MORE:
John Roberts Is So Humble (Dahlia Lithwick, Sept. 13, 2005, Slate)

John Roberts is putting on a clinic.

He completely understands that he needs only to sit very quietly, head cocked to signal listening-ness, while senator after senator offers long discursive rambling speeches. Only when he's perfectly certain that a question has been asked does he offer a reply; usually cogent and spare. Here's a man long accustomed to answering really hard questions from extremely smart people, suddenly faced with the almost-harder task of answering obvious questions from less-smart people. He finds himself standing in a batting cage with the pitching machine set way too slow.

It's increasingly clear that Senate Democrats are giving up. They are taking a cue from the petulant Joe Biden, who telegraphs exactly who these hearings are really for when he refuses to let the nominee answer any of his questions. When Sen. Arlen Specter growls at Biden to let Roberts finish just one answer, Biden growls back: "I don't have much time." Later when Biden complains of Roberts, "But he's filibustering!" it's without any sense of irony. How dare this man use our own childish games against us?

Whereas Biden and Patrick Leahy made at least some effort to develop lines of questioning, Herb Kohl and Dianne Feinstein give up entirely. Knowing there will be no Perry Mason moment—there won't even be a Lionel Hutz moment—they dully read their questions from a script and avoid the follow-up altogether. "Oh, so you aren't opposed to environmental protection? OK. Let's move on." The hunters have become the hunted. The lion is draped across a chaise longue, picking his teeth with their arguments.

Posted by Orrin Judd at September 14, 2005 12:41 PM
Comments

Since the dems are acting like this is a deposition, the GOP would do well to treat it as such. The less your guy says, the better. And the vote's already in the bag, no? So why prolong the inevitable? Other than to get yourself some more of that yummy C-Span face time.... which, you know, who can resist that?

Posted by: John Resnick at September 14, 2005 12:57 PM

The purpose of holding these "hearings" is to allow the Senators to get face time on National TV. The Republicans could not ask questions but that would undermine the fundamental purpose of the hearings.

Posted by: Robert Schwartz [TypeKey Profile Page] at September 14, 2005 12:57 PM

Robert: Jinx!

Posted by: John Resnick at September 14, 2005 12:58 PM

By comparison, Roberts is showing up the entire panel. So much for the idea of electing USSC judges.

Posted by: Luciferous at September 14, 2005 1:03 PM

Luciferous:

Stuart Taylor this morning on Bill Bennett's radio show had the explanation. To paraphrase, Roberts has had years of answering difficult questions from very intelligent people. In his confirmation hearings he is answering less difficult questions from...less intelligent people.

Posted by: Rick T. at September 14, 2005 3:32 PM

Rick T.:

Right, and boy does it show.

Posted by: Luciferous at September 14, 2005 3:38 PM

Did anyone catch this:

"On the fact that he argued before the Supreme Court with two days' notice, then argued a second case before the D.C. Court of Appeals that afternoon: It just sort of worked out that way. When pressed to disclose whether he won these appeals: (Modestly) "The court got it right in each case.""

My goodness. I knew Roberts was brilliant but man, I didn't know he was this good. His professional abilities as a lawyer are really, really outstanding.

Posted by: Bob at September 14, 2005 4:19 PM

Jinx?

Posted by: Robert Schwartz [TypeKey Profile Page] at September 14, 2005 5:43 PM

Robert: Yes. Jinx. You and I said (virtually) the same thing at the same time. Didn't you ever do the "jinx" thing as a kid? It was usually rapidly followed with "1,2,3,4,5,6,7,8,9,10 -- you owe me a Coke."

At this point, I'll settle for a Sierra Nevada Pale Ale. Cheers.

Posted by: John Resnick at September 14, 2005 6:15 PM

Lionel Hutz would have been an improvement from the questioning Joe Biden offered up on Tuesday.

Posted by: John at September 14, 2005 7:59 PM

If I had a Republican senator, I'd be begging him to cede his time to Ted Kennedy. Unfortunately, Ted is my senator.

Posted by: Bob Hawkins at September 14, 2005 8:37 PM

Bob: It's gotten so bad that a friend who splits his time between New York and Chicago was tweaking me about how Teddy was a disgrace to the Senate.

Posted by: David Cohen at September 15, 2005 8:03 AM
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