The Dreaded Judge Roberts

For a man with such a reputation, John Roberts took a somewhat ridiculous position at the Senate confirmation hearings on his appointment as Chief Justice of the Supreme Court.

Roberts basically said that he had no over-arching judicial policy. He was a pragmatist. He simply used the methods most appropriate to the case at hand. Therefore, he is unbiased.

On the contrary, by refusing to espouse a particular judicial philosophy, be it “originalist” or “constructionist” or “majoritarian” or whatever, he keeps his options open. If a particular outcome would favor the president’s ability to use torture on those …. what are they? Prisoners of war? No– Bush denies that. Kidnap victims? Whatever– in Guantanamo Bay, then he’ll use it. If he needs a different judicial philosophy to justify arresting 12-year-old girls with French fries, he’ll use that. And if he needs a third philosophy to justify granting gun manufacturers immunity from lawsuits, by golly, he’ll use that. The outcome is always the same: whatever favours conservative political and social policy.

If I were a Senator on the Judiciary Committee, I would have asked this question. Sir, you deny that you have an ideology or a particular philosophical outlook on issues that might come before the Supreme Court. You also deny that it is possible for you to discuss how or why you might rule one way or the other on any particular issue that comes before the court. If you were me, what exactly is it that you would like to know about a candidate for the Supreme Court before voting in favour of his appointment. And how, given that you won’t answer any questions about how you would rule on anything, would we prevent ourselves from appointing a complete idiot to the position?

You mean like Scalia? Or Thomas? Or Rehnquist?


If I had been on the Senate…   this what I would have asked Judge Roberts:

Have you had any contact at all with any poor people in your life?

Given the large number of convictions that have been reversed through DNA testing in the past few years, how can you justify making judgments that make it more difficult– not less– for review of capital cases?

Please describe, if you can, how you made a judgment in favor of “the little guy” at some point or another in your career. You can’t? Not one? Oh– because the “little guy” has never, ever been right in any of the cases you’ve heard…

What can we tell prisoners in Guantanamo Bay to make them feel less upset about being tortured by the good guys, the light of the world, the hope for the future: America?

If you ever travel abroad somewhere, try to imagine something you think you might learn from other people in different cultures? All right– never mind. If you went to Disney Land and it snowed….

I can’t wait to see how conservative Republicans react when the next Democratic president nominates someone to the Supreme Court.

I am sure they will insist that the nominee cannot be asked any specific questions about his or her views on affirmative action, gay marriage, or physician-assisted suicide. No no no. That wouldn’t be right.

The Senate: 100 Old White Men

They look oh-so-respectable.

Did you know that it is practically impossible to dethrone an incumbent Senator in the United States? That’s because the Senate is so good, so honest, and so hard-working, that nobody ever wants to change any of its members.

Well, yes, maybe. The truth is that once you have become a Senator, you can call yourself Senator Bigbottom and go around making speeches and public appearances and everybody pretty well assumes that anybody known as Senator anything is entitled to the position by virtue of the cool sounding title. Senator.

“Congressman”, on the other hand, sounds a bit ridiculous, even when applied to a woman. Anybody can be a Congressman. And President? Every two-bit Elvis Presley fan club has a president. What’s the big deal about the President. But Senator? Not many people ever get to be called Senator.

Now, take a wild guess as to how many black Senators there are? Come on. Go ahead. Give it your best shot. Don’t forget that about 18% of the U.S. population is black. So how many Senators, out of one hundred, are black? Ten? Five? Two?

The answer is 0.

That’s right. ZERO. And how many Senators are female? More than half the U.S. population is female, so how many representatives of this gender get to call themselves “Senator”? Fifty? Hoo haw! Twenty? You’re joking. Ten? Maybe.

Maybe two.

That’s all. That’s all you need to know about the Senate.