Wednesday, July 20, 2005

Prepping the Battlefield

When Roberts refuses to answer questions about prospective cases and the media and Democrat Senators jump all over him, refer to this precedent from Ruth Bader Ginsburg's confirmation hearings:

Senator Leahy. Does that mean that the Free Exercise Clause and the Establishment Clause are equal, or is one subordinate to the other?

Judge Ginsburg. I prefer not to address a question like that; again, to talk in grand terms about principles that have to be applied in concrete cases. I like to reason from the specific case and not----

Senator Leahy. Let me ask you this: In your view of the Supreme Court today--or do you have a view whether the Supreme Court has put one in a subordinate position to the other?

Judge Ginsburg . The two clauses are on the same line in the Constitution. I don't see that it is a question of subordinating one to the other. They both have to be given effect. They are both----

Senator Leahy. But there are instances where both cannot be upheld.

Judge Ginsburg . Senator, I would prefer to await a particular case and----

Senator Leahy. I understand. Just trying, Judge. Just trying.

The full precedent is detailed here.

Keep it handy and send it to your friends, the local newspaper, and your Senators.

Hat tip:Hugh

UPDATE: I found this additional exchange a little later in the document:

Senator Specter. Let me ask you a question articulated the way we ask jurors, whether you have any conscientious scruple against the imposition of the death penalty?

Judge Ginsburg. My own view on the death penalty I think is not relevant to any question I would be asked to decide as a judge. I will be scrupulous in applying the law on the basis of the Constitution, legislation, and precedent. As I said in my opening remarks, my own views and what I would do if I were sitting in the legislature are not relevant to the job for which you are considering me, which is the job of a judge. So I would not like to answer that question, and more that I would like to answer the question of what choice I would make for myself, what reproductive choice I would make for myself. It is not relevant to what I would decide as a judge.

Ginsburg's remark is the exact wording that Roberts should use when asked about abortion, simply substitute "death penalty" with "abortion." This is actually the exact wording that he should use for almost every question he'll get asked.

If Roberts, and for that matter, any current Supreme Court justice followed this standard in every decision, then the SCOTUS nomination wouldn't be news. Of course, then the Left would have no avenue to continue to pursue their agenda, other than winning elections, that is.