Jul 29, 2009 by Bruce
I Want Nominees to Answer Questions, and World Peace Too
One interesting sidelight to Tuesday’s Senate Judiciary Committee business meeting at which the nomination of Judge Sotomayor was passed on to the full Senate: a handful of Democrats and Republicans called for reform to the hearing process so nominees would be more forthcoming.
Sen. Kohl (D – WI) observed:
“…But for many years we have seen a familiar pattern from nominees – Democratic and Republican alike – who have learned that the path of least resistance is to limit their responses and cautiously cloak them in generalities.”
Kohl hastened to add that, of course, he wasn’t talking about Sotomayor’s testimony. (Wink)
Russ Feingold (D – WI), who likewise prefaced his comments by assuring everyone in the room that he also wasn’t talking about Sotomayor, said this:
“ I’ve said before that I do not understand why the only person who cannot express an opinion on virtually anything the Supreme Court has done in recent years is the person from whom the American public most needs to hear.”
Despite Kohl and Feingold’s unintentionally humorous evasion, it was obvious that Sotomayor displayed the time-honored skill of offering answers we’ve come to know and love over the last couple decades (“I’m sorry Senator, but that’s an issue that very possibly might come before the Supreme Court, and I can’t pre-judge how I might rule in that case, blah, blah..”). I’m not faulting her for doing the same thing every other nominee does. But Kohl and Feingold are fretting over a world that they and their Democratic friends helped create when Bob Bork was nominated for the Supreme Court by President Reagan. Funny they didn’t mention that.
The Senate Judiciary ought to reform the easy things it can control, like how long it takes for an appellate court judge nominee to get a hearing, then a vote. The full Senate could abolish the filibuster of judges and guarantee them the up-or-down vote that “advice and consent” implies. But to hope for a different Supreme Court nomination process would entail keeping the likes of Senators Leahy, Schumer, Feingold et al away from all reporters’ microphones for the duration, which ain’t gonna happen.
At least until after we solve that sticky world peace problem.