Let's Do The Kabuki Dance

The more I watch Judge Roberts in these hearings, the more I like him.  For two days, I have watched him answer questions, some of which went on for eight minutes, with detail and citing of case law without even a hint of hesitation.

Unlike the Senators on the committee, Roberts has no gang of clerks or assistants researching issues.  He must respond to questions posed by both Republicans and Democrats and does so with grace and accuracy and without even a notepad in front of him.  Having worked with lawyers for 20 some years, I know the preparation that goes into arguing before a court.  I know that most attorneys go before a judge with binders full of notes and case law to refer to during a trial.  I know that most attorneys practice and know what they are going to say BEFORE the argue a case.  Judge Roberts sits before this committee citing case law, some of which are not so recent, and discusses those cases like he argued them yesterday.

As yesterday, today Judge Roberts stuck to his guns and refused to respond to any questions from both Republicans and Democrats on issues that had any chance of being brought before the Supreme Court in the future.  Even with the likes of Biden and Kennedy, Judge Roberts responded to questions  with poise and patience.    In yesterdays, questioning, Senator Biden (D) allowed that questioning Judge Roberts "is like pitching to Ken Griffey," the Cincinnati Reds star...and later accused Roberts of filibustering.   I guess Biden would know all about that, huh.  In fact, Lori Byrd shows us Biden's love for talking.

In today's questioning, Biden became agitated with Judge Roberts:

"We are rolling the dice with you, judge," Biden said. "The American public is going to face the decision whether patents can be issued for the creation of human life. You're going to be faced with whether there is a right to refuse heroic medical efforts that you don't want as an individual and you're fully capable, mentally, of making that decision.

"It's kind of interesting, this kabuki dance we do in these hearings here. As if the public doesn't have a right to know what you think about fundamental issues facing them."

Roberts still held his ground:

"I'm not standing for election and it is contrary to the role of judges in our society to say that this judge should go on the bench because this is his or her position and those are the positions they're going to apply," Roberts said.

A judge decides based on evidence and judicial process, Roberts said, not on "promises made to get elected nor on promises made to get confirmed."

Roberts is correct in not answering questions requesting how he feels about specific issues.  Ginsberg did the same thing as she refused to answer 60 questions and yes, to repeat, at the suggestion of Senator Biden.  Roberts made this very clear:

"I tend to take a more practical and pragmatic approach to things, rather than a theoretical or ideological approach," Roberts said. "My views on the cases that I think are not likely to come before the court, I'm perfectly willing to discuss."

I'm not really sure what part of that the Democrats don't understand. 

In my opinion, John Roberts is one of the most intelligent, articulate, non-biased, anti-activist judges that could be placed on our Supreme Court.  I think we are fortunate that he even accepted the nomination.  A man like Judge Roberts could certainly be very successful as an attorney in private practice and make the salary he will make as a justice ten-fold.  This is a man who was writing briefs for the President when he was in his 20's as a young attorney.  This is a man who, as a partner of a law firm, he, himself, took on pro bono cases which are usually thrown off on the new associates.  This is a man of principles and we need him.

Lisa

Comments

[chris]

I think Roberts should be confirmed, but I don't think he is what anyone thinks he is. Because I don't think anyone really knows.

I have hopes that he will be a great Supreme Court Justice, but let's not pretend he couldn't have answered some of the questions posed to him.

Where is the count of what Roberts didn't answer? Ginsberg didn't answer 60 at Lisa's count. How many didn't Roberts answer?

Roberts is smart, articulate and crafty...he is amazing...but he didn't answer questions he could have, he just chose not to.

The point is moot anyway. Bush's numebers are rising after his responsibility taking. It would be stupid for the Dems to mount an attack against Roberts.

However, I think it highly unlikely that the President will find another Roberts...the next nominee will probably not be as good at this Kabuki dance as Roberts.

[Matt Hurley]

I'd be impressed if the most deliberative body in the word would just ask a question and let the man answer it without interrupting him...but your mileage may vary...

[Lisa]

Matt,

You won't get that from Biden or Kennedy.... they just love center stage way too much.

[Pappy]

Chris:

Unfortunately, they don't have you advising them. The fab 4 get another shot at Roberts because they "don't feel like they got all they could from him."

Forty years ago, there was still the ability to have civil disagreement on political issues. As a conservative, (I don't like labling everyone Repub. or Dem.) I could really disagree with Hubert Humphrey or Scoop Jackson, but I knew they were good men. There was civility.

Today, there is no chance of that. One of the only voices of civility on the other side is Joe Lieberman.(I probably spelled his name incorrectly. I hate that)

Both sides have absolute distrust of the other. From my perspective though, the hard core liberals, Leahy, Kennedy etc are just over the top. Kennedy is a joke. I can't figure out he continues to be re elected. Leahy is about as vile as they come. I wish VP Cheney had hit him instead of telling him what he could do with himself.

[chris]

Kennedy keeps getting elected because by all practical standards he is a good senator--good being measured in the amount of money you bring back to the district and the amount of money you are able to bring back to the district is directly proportional to your seniority--he is a dinosaur, but he gets it done by MA...where are you from, Pappy? How about your senators? Where do they stand on all of this?

[Matt Hurley]

Let's see how "good" Kennedy is should a natural disaster occur in his state and some piece of critical infrastructure was ignored because Kennedy kept sending money to the Big Dig...

These pork projects are clear and present danger to the United States. New Orleans proves that beyond a reasonable doubt.

[Pappy]

My Senators are Martinez and Nelson. In order, one says some incredibly dumb things and the other says things I don't think even he believes (kind of like watching Alan Colmes). Sometimes you get the impression he says things because he has too in order to hold the party line.

Fortunately, I guess, they cancel each other out.

Finally tuned in to the Roberts hearings and I have to say, what a guy. He's smart and articulate and maybe we can get some logic back in the system if he gets on the court. I caught the whole Biden thing and wanted to throw something at the T.V. I think the fab 4 need more info. because they never listen to what Roberts has to say. If they aren't interrupting then they aren't listening. They're sorting through the files to find more B.S. to throw. Maybe if they didn't want to hear themselves think all the time and actually listened, Roberts wouldn't have to repeat himself so many times. Also, nice insult to the American people by Biden on the "non-educated" public. My husband and I both have a higher level of education and couldn't completely track the circles Biden was creating...so who's the one who is talking down to who here........irritating. I'll say a prayer for Roberts for the attack tomorrow and hope his wife has a couple bottles of Pepcid for him on break. Also impressed, because Roberts never broke a sweat and didn't cuss anyone out. What a guy.