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Roberts Comfirmation HearingFollow

#1 Sep 13 2005 at 9:08 AM Rating: Decent
From what i've seen the questions are pretty insightful and penetrating and succeed in determining Robert's true opinion on many of the polarized subjects, although he does seem to be a rather good fence sitter when it comes to a sensitive question. My question is do you guys think there is anything he could say in this hearing to kill his chances, or is this hearing just a formality?

Also, what do you think are the odds they make him Head of the Court? (Which will radically change the supreme courts majority rule from left to right)

Edited, Tue Sep 13 10:17:31 2005 by EvilPhysicist
#2 Sep 13 2005 at 9:19 AM Rating: Excellent
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Pubbies hold the majority in Congress so it's a done deal short of another filibuster which, even then, would only delay things.

Aside from Roberts admitting to **** war crimes, it's a formality.
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#3 Sep 13 2005 at 10:07 AM Rating: Good
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Aside from which, it should make not one whit of difference how Roberts responds in the Senate confirmation hearings. What matters is how he discharged his duty previously in his previous judicial life. Was he fair? Did he dispense justice with equanimity? If so, confirm his nomination and get busy ratifying those dozens of other lower court judges on who you guys in Congress have managed to avoid making a decision.

His personal beliefs concerning Roe vs Wade, etc etc should not even be an issue.

Totem
#4 Sep 13 2005 at 10:42 AM Rating: Good
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By the way, other than The Pelican Brief, how did Julia ever get enough experience to get nominated for this position anyhow?

Totem
#5 Sep 13 2005 at 11:56 AM Rating: Excellent
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If he replaces Rehnquist as Chief Justice, which seems likely, then the court.... bias, if you will, stays exactly where it has been. As far as we know, that is; Roberts is largely an unknown quantity since there's very little judicial experience to analyze.

I think the current hearings are a formality. I think Dubya's handlers wanted an easy appointment this first time, and may try to bring in a neocon true believer for the next one, O'Connor's replacement.
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#6 Sep 13 2005 at 12:54 PM Rating: Decent
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You're right. Roberts was the safe pick. O'Connors replacement will be true nut-job material.

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#7 Sep 13 2005 at 12:57 PM Rating: Decent
Totem wrote:
Aside from which, it should make not one whit of difference how Roberts responds in the Senate confirmation hearings. What matters is how he discharged his duty previously in his previous judicial life. Was he fair? Did he dispense justice with equanimity? If so, confirm his nomination and get busy ratifying those dozens of other lower court judges on who you guys in Congress have managed to avoid making a decision.

His personal beliefs concerning Roe vs Wade, etc etc should not even be an issue.

Totem



his personal beleifs matter a hell of a lot when it influences his vote (which records show it has).
#8 Sep 13 2005 at 1:16 PM Rating: Excellent
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Reviewing the duties of Chief Justice, I think the immediate question we need to be asking ourselves and that the Senate needs to be pressing on Roberts is clear:

Is Roberts really the man we want to serve as chancellor of the Smithsonian Institution?
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#9 Sep 13 2005 at 3:07 PM Rating: Decent
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I've been listening to the hearing as time permits. I feel as if I've been listening to a Baseball game.
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#10 Sep 13 2005 at 4:03 PM Rating: Decent
i keep waiting for roberts to take off his mask and say he hates woman, blacks, atheists, and liberals and wishes them all to burn in hell, but it hasnt happened yet. Perhaps he is waiting to do that after he is appointed. Renquist was a petty big conservative so it wont throw off the balance too bad, but making roberts Cheif Justice to me seems un-warrented and very biased.
#11 Sep 13 2005 at 4:54 PM Rating: Good
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From everything I've read, Roberts has been declining to answer questions about any specific rulings or cases, as he doesn't feel it would be prudent to discuss issues that he may have to rule on in the coming months and years.

Of course, this has been very frustrating to the Senators questioning him.

However, Roberts is under no legal obligation to actually answer any of the questions.


I tried to search for previous hearings to determine if not commenting on specifics was SOP. I did find an article saying that Ginsburg had set a precedent by declining to answer questions, but that she was instructed to do so at the time.





#12 Sep 13 2005 at 5:06 PM Rating: Excellent
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Quote:
but making roberts Cheif Justice to me seems un-warrented and very biased.


I'm not sure why you think so. It certainly is not without precedent (assuming your problem is the "new guy" getting to be Chief).

If O'Connor weren't retiring she'd be the logical candidate for Chief Justice. As it is, though, Bush has a right to appoint, pending approval, a new Chief Justice as opposed to elevating a sitting Justice and appointing a new Justice to replace them.
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#13 Sep 13 2005 at 9:25 PM Rating: Decent
I disagree, on both premises.
first: yes, hes teh new guy, he doesnt have the experience or nations trust to be put into a position that hold power to decide how our laws are enforced.
second: i dont beleive roberts to be fair or balanced when it comes to his decision making. I understand that it is hard to find a canidate that satifies both liberals and conservatives, but putting one in that position that so vehimetly upsets the other 49% of america is a slap in the face to the very concept of unbiased blind justice.
#14 Sep 13 2005 at 10:07 PM Rating: Good
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EvilPhysicist wrote:
I disagree, on both premises.
first: yes, hes teh new guy, he doesnt have the experience or nations trust to be put into a position that hold power to decide how our laws are enforced.


First off, while this may be a technical difference, but it's very incorrect to state that the Supreme Court just "decides how our laws are enforced", as though it's just a matter of the personal preference of each individual Justice. The court determines the constitutionality of an issue brought before it (typically an appeal of a lower court ruling on constitutional grounds). That's it. They don't get to make up rulings based on how they feel. In theory, they're supposed to be deciding how something applies *only* in terms of the constitution and past rulings of the court. They most certainly must justify any decision made based on the wording of the constitution (and past rulings of similar nature). A Justice cannot just rule a paticular way because he thinks that the way the laws of the country should work. Ok. Technically he can, but judges of that level *don't*.


Quote:
second: i dont beleive roberts to be fair or balanced when it comes to his decision making. I understand that it is hard to find a canidate that satifies both liberals and conservatives, but putting one in that position that so vehimetly upsets the other 49% of america is a slap in the face to the very concept of unbiased blind justice.


But is that a problem with Roberts? Or a problem with the 49% who seem to become "vehemently upset" at any appointment that is not Liberal.

You seem to be saying that no Conservative justice should ever be appointed because that would be a slap in the face to liberals. So when you say a candidate that satisfies both conservatives and liberals, you really mean a candidate that satisfies liberals, since apparently, the requirement to satisfy liberals is to appoint someone that is liberal.

Or am I wrong? What kind of a conservative justice would you not be vehemently opposed to?
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#15 Sep 13 2005 at 10:48 PM Rating: Decent
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Or am I wrong? What kind of a conservative justice would you not be vehemently opposed to?


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#16 Sep 13 2005 at 11:04 PM Rating: Excellent
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EvilPhysicist wrote:
I disagree, on both premises.
first: yes, hes teh new guy, he doesnt have the experience or nations trust to be put into a position that hold power to decide how our laws are enforced.
second: i dont beleive roberts to be fair or balanced when it comes to his decision making. I understand that it is hard to find a canidate that satifies both liberals and conservatives, but putting one in that position that so vehimetly upsets the other 49% of america is a slap in the face to the very concept of unbiased blind justice.


I'm really not hearing anyone who's "so vehemently upset", frankly. I'm seeing a lot of pretty good questions asked, and answered pretty much as expected.

As for the experience and the nation's trust, those are both irrelevant. He doesn't even have to be a practicing lawyer, for that matter. If Dubya wanted to pull in some guy off the street, he could do that, pending approval of course.

On what do you base your opinion of Roberts' decision making?
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#17 Sep 13 2005 at 11:04 PM Rating: Decent
a person who represents the whole nation and not just one side, is that too much to ask? I understand that people havee different views and deeply respect that, but enforcing your views on others is a travesty. I dont beleive its that fact that roberts is a conservative that everyone is upset about, its the fact that his voting record shows him to be someone that interprets the law in a way that doesnt represent the other 150mil americans out there.

But i guess people are not that concerned as of now, just wait till your *** is sitting before the supreme court and your rights are on the line. Perhaps you will hold onto your freedoms a bit more tightly when you see how easily they are takin away just because someone else doesnt agree with you.

my point is, we need fair people that will interpret the constitution in an open minded and unpartisened way, and i dont beleive Roberts is that man.
#18 Sep 13 2005 at 11:20 PM Rating: Decent
Quote:
I understand that people havee different views and deeply respect that, but enforcing your views on others is a travesty. I dont beleive its that fact that roberts is a conservative that everyone is upset about, its the fact that his voting record shows him to be someone that interprets the law in a way that doesnt represent the other 150mil americans out there.


Can you cite cases that would show this to be true? I havent seen anything so far, and I am quite sure if it were out there the Dems would be trotting it all over the news by now.

I would think the biggest concern about Roberts would be that there is a lack of a record to show how he might or might not rule on something. Most of his work has be argueing cases infront of the SCOTUS. Those cases dont necessarily show what Roberts believes or doesnt believe, since he's argueing for a client and thus argueing their beliefs.

#19 Sep 13 2005 at 11:22 PM Rating: Good
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A Justice cannot just rule a paticular way because he thinks that the way the laws of the country should work. Ok. Technically he can, but judges of that level *don't*.
When I saw the *'s near the word don't, I scrolled down expecting you to footnote Scalia as an exception. Silly me.
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