Fred Thompson Rips Confirmation Hearings
It is expected that Senators will say that they want to wait and see what Judge Sotomayor will say at her confirmation hearing before they decide how they will vote.
This is understandable, I suppose, but from my experience, what a nominee says during his or her hearing, while certainly not irrelevant, is one of the least important considerations upon which they should base their vote. Nominee’s judicial and professional record, along with their public statements and reputation for integrity, are much more reliable indicators as to the kind of judge they will be. Our Founding Fathers recognized this early on, and it is the main reason confirmation hearings were not held on a regular basis until the 1950s.
There are two things that work against any substantive new information being revealed in a confirmation hearing.
First a nominee can and should refuse to go very far in giving their opinion regarding any legal issue that might come before the Supreme Court in the future. That, of course, covers most any legal issue.Second, in 1990 [actually, 1987 -- Ed] the distinguished jurist, Robert Bork, refused to subject himself to the usual dog and pony Q and A, “how to handle the senators” sessions now given to nominees in preparation for their hearings, the so-called “murder board.” During the hearings he engaged in an open and candid dialogue with regard to his judicial philosophy. We know how that turned out. The odds are great that never again will a nominee make the mistake of committing candor.
For some time now everyone has understood the name of the game: Take as much off the table as possible as inappropriate for discussion. Then, dance around the rest. When you get a question that you’re expected to answer, try to sound as knowledgeable as possible, but play for time and never say anything committee members would find objectionable.
I still love this guy, so excuse my bias if I make a little hopeful gesture to all my readers not to count him out in running for President again. We need someone with his candor and principles. Perhaps his strategy of swooping in late and playing nice wasn’t the best, but perhaps he learned from that and his next shot will fly. I can hope, right?
Anyway, he nails this. I’ll add that while the Senate hearings right now are only a dog and pony show, some benefit can be squeezed out of this through a debate on judicial philosphy on the national stage. I think many Republicans are taking that advantage. I think most Americans agree with the conservative philosphy on judges as well. Hopefully all this will win a few newbies over. In the meanwhile, let’s hope no other justices retire until a Republican gets into Oval Office.
Hat tip: Hot Air
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Posted by Jay on July 14, 2009 6:23 pm
» Filed Under Activist Judges, News, Video
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One Response to “Fred Thompson Rips Confirmation Hearings”
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This “dog and pony” show serves as a way to promote ones political agenda and to some extent influence the judicial system. We know have Judge Sotomajor on record making certain statements including contradicting President Obama and stating a judges job is to go by the law. I am certainly not pleased that she was also willing to go on the record stating that killing children in their mother’s womb is settled law.
In addition the people are more informed about the group she was a member of and its extreme politics as well as her outlandish statements.
The question of course is will Republican Senators put their votes where their mouth is.