Questioning the Nominee
by TChris
Some Senate Democrats believe that their obligation to advise and consent regarding Supreme Court appointments requires them to know something about the nominee's views. Something beyond the predictable, "I will be faithful to the Constitution and only vote to overrule settled law in the rarest of circumstances."
"All questions are legitimate," Senator Charles E. Schumer of New York, a Democratic member of the Judiciary Committee, said in an interview. "What is your view on Roe v. Wade? What is your view on gay marriage? They are going to try to get away with the idea that we're not going to know their views. But that's not going to work this time."
Many Senate Republicans want none of it. They argue that judicial candidates shouldn't be required to prejudge cases that might come before the Court. True, it would cross a line to insist that a nominee explain how he or she might vote in a case that's been accepted for review, but there's nothing wrong with insisting that a nominee opine about the wisdom of cases--like Roe v. Wade--that have already been decided. How can the Senate give informed advice or decide whether to consent if the nominee keeps her thoughts about the legal issues of the day to herself?
< Nuclear Option Time Again? | Open Thread > |