September 29, 2005
Hail, Chief Justice Roberts!
The Wall Street Journal reports that he has been confirmed 78-22. I like to win as much as the next guy, but am I the only one bothered that Justice Ginsberg got 93 votes, and John Roberts 78?
I guess it will not matter to the Chief Justice, as long as he was confirmed, but I am disturbed that 22 Senators think a well qualified person should be kept from the bench because they don't agree with some aspect of his or her politics.
Among the Senate's Democrats, 22 opposed the nomination, saying the candidate could turn out to be as conservative as Justices Antonin Scalia and Clarence Thomas, the Supreme Court anchors on the right.
"I hope I am proved wrong about John Roberts," said Sen. Edward Kennedy, (D., Mass.), the Senate's longtime liberal stalwart. "I have been proved wrong before on my confirmation votes. I regret my vote to confirm Justice Scalia, even though he, too, like Judge Roberts, was a nice person and a smart Harvard lawyer."
Sorry Senator. Elections matter.
SCOTUS
Posted by John Kranz at September 29, 2005 12:32 PM
Kennedy had more than that to say. From: http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=1&vote=00245
"And try as I might, I cannot find the evidence to conclude that John Roberts understands the real world impact of court decisions on civil rights and equal rights in this country. And I cannot find the evidence to conclude that a Chief Justice John Roberts would be the kind of inspirational leader who would use his powers of persuasion to bring all the Court along on America's continued march of progress. Therefore, I do not believe that John Roberts has met the burden of proof necessary to be confirmed by the Senate as Chief Justice of the United States."
What part of the Constitution compels the Supreme Court to consider "the real world impact of court decisions?" That's like saying the "real world" impact of the Constitution should have some bearing on whether or not we abide by it. He is pledging loyalty to only those parts of the Constitution with which he agrees - such parts as are supportive of (or at least, not hostile to) "civil rights and equal rights in this country." I'm quite certain that the oath taken by the senator from Massachusetts was quite different from this.
Kennedy adds,
"Both in committee and on the floor, some have argued that those of us who oppose John Roberts's nomination are trying to force a nominee to adopt our "partisan" positions, to support our "causes," to yield to our "special interest" agendas.
But progress towards a freer, fairer nation where "justice for all' is a reality -- not just a pledge in the Constitution -- is not a personal "cause," or a "special interest," or a "partisan" philosophy or ideology or agenda."
But Kennedy's notion of "fairer" is the antithesis of "freer." If one individual is prevented from keeping all of the fruits of his labors because it isn't "fair" to other, less industrious individuals, then freedom is in descendence. This is what Kennedy means by "justice for all," in direct contradiction to what the founders established.
Kennedy had more than that to say. From: http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=1&vote=00245
"And try as I might, I cannot find the evidence to conclude that John Roberts understands the real world impact of court decisions on civil rights and equal rights in this country. And I cannot find the evidence to conclude that a Chief Justice John Roberts would be the kind of inspirational leader who would use his powers of persuasion to bring all the Court along on America's continued march of progress. Therefore, I do not believe that John Roberts has met the burden of proof necessary to be confirmed by the Senate as Chief Justice of the United States."
What part of the Constitution compels the Supreme Court to consider "the real world impact of court decisions?" That's like saying the "real world" impact of the Constitution should have some bearing on whether or not we abide by it. He is pledging loyalty to only those parts of the Constitution with which he agrees - such parts as are supportive of (or at least, not hostile to) "civil rights and equal rights in this country." I'm quite certain that the oath taken by the senator from Massachusetts was quite different from this.
Kennedy adds,
"Both in committee and on the floor, some have argued that those of us who oppose John Roberts's nomination are trying to force a nominee to adopt our "partisan" positions, to support our "causes," to yield to our "special interest" agendas.
But progress towards a freer, fairer nation where "justice for all' is a reality -- not just a pledge in the Constitution -- is not a personal "cause," or a "special interest," or a "partisan" philosophy or ideology or agenda."
But Kennedy's notion of "fairer" is the antithesis of "freer." If one individual is prevented from keeping all of the fruits of his labors because it isn't "fair" to other, less industrious individuals, then freedom is in descendence. This is what Kennedy means by "justice for all," in direct contradiction to what the founders established.
Posted by: johngalt at September 29, 2005 2:51 PMWhen I say I expected better, I must confess I didn't mean Senator Kennedy.
I could see as many as ten nay votes, but 22 surprises. Bayh, Feinstein and Clinton surprise.
Posted by: jk at September 29, 2005 5:48 PM | What do you think? [2]