The comments mark the second time this month that Sen. Arlen Specter (R-Pa.) has signaled plans to use Roberts's confirmation hearing as a forum for sharply criticizing what Specter describes as the high court's tendency to denigrate Congress's thoroughness and wisdom in passing various laws. Specter's questions could present Roberts with the difficult choice of disagreeing with the committee chairman or rebuking justices he hopes will soon be his colleagues. The committee's hearing begins Sept. 6.
Specter may even cross the once taboo line of asking Judge Roberts about particular cases. In Particular Specter was critical of an opinion by Chief Justice William Rehnquist and plans to ask Judge Roberts his views on Rehnquist’s opinion.
If this is true Arlen Specter will confirm our worst fears about him taking over as Senate Judiciary committee chairman. There was intense opposition to him taking over for Sen. Orin Hatch. The only reason he was able to get the position is because he assured President Bush he would not be a thorn in his side. Well the thorns are starting to pop out.
What is especially galling is that Sen. Chuck Shumer of New York is praising Specter for his changed view on the subject. Schumer is hell-bent on asking and getting answers from Judge Roberts on how he will rule on specific cases such as abortion.
Also from the same article in the
Washington Post. Judiciary Committee member Charles E. Schumer (D-N.Y.) praised both of Specter's letters yesterday. Specter, he said, "has made it clear that learning a nominee's judicial philosophy on important cases is essential in deciding whether or not he should be confirmed to a lifetime appointment to the Supreme Court."
Asking a judge to answer a question about a particular case was once considered taboo. If a judge were to answer a specific question about a potential case he would have to recuse himself from ruling on any case involving that question otherwise he would rightfully be accused of prejudging the case.
So you have to ask what is Specter up to? Is he trying to get something for his support of Judge Roberts? Or could it be something different entirely. We all know that Arlen Senator Specter is staunchly pro-abortion. He may want Judge Roberts to be confirmed but he does not want Roberts to be the vote needed to overturn Roe vs. Wade. A way to do that is to get Roberts to answer a particular question thus disqualifying him from ruling on any cases involving abortion. Judge Roberts isn’t stupid he wouldn’t fall for it unless Specter and Schumer both made it a condition to be confirmed.
Whether Specter has any sinister motives or not he owes George Bush big time for helping him get through a tough primary campaign with conservative Pat Toomey, and through his fight for the chairmanship of the Judiciary committee. This would be a major slap in the face to the President that would never be forgiven.