John Roberts Day Two: Roe v Wade a Super-Duper Precedent?
John Roberts' confirmation hearings enter day two. This is where shallow US Senators try to impress the two or three hundred people watching that they are indeed the smartest person in the room. It will be a sick game of "gotcha" for hours on end and will change no minds.
It willproduce some interesting sound bites though.
Think I'm kidding? Arlen Specter asked Roberts earlier if he considers Roe v Wade"a super-duper precedent."Ugh.
Laughter could be heard in theroom.
Blogs for Bush has a live update and will be following all day.
Sen. Patrick Leahy (D-VT) asks about Roberts' opinion that Congress should be able to end a war. Roberts doesn't want to answer about an issue that could come before the Court. Roberts explains to Leahy that that issue has in fact come up before... "Are you saying that Congress could not pass a law that we must withdraw forces?"
Roberts says he's not saying that... that he can't answer a question about an issue that may come before the Court. "I believe very strongly in the separation of powers." "With respect Senator, you are vastly over-reading the memoranda." "I suspect if you asked any lawyer for any president of any administration whether they wanted to concede that general principles or if, as careful lawyers they would prefer that that provision were rewritten or not in there, I'm fairly confident regardless of the administration that a lawyer for the executive would take the same position.
Now I'm also fairly confident that one of your lawyers here in the Senate would take the opposite position. "Leahy asks, "Do we [Congress] have the power to terminate war?" Roberts responds, "Senator, that is a question that I don't think can be answered in the abstract. You need to know the particular particular circumstances and exactly what the facts are and what the legislation would be like. "
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