I interrupt the spirited debate raging in the comments section on whether we should care about the police records of Jeb Bush’s children–and whether these Bush kids received preferential treatment due to their father’s position–in order to post again today on the latest news regarding the Roberts nomination. If you want to join the fray on the previous column, click the link for that column at the bottom of this page.
What’s a Democrat to do?
On September 20, Democratic Senate leader Harry Reid issued a passionate statement denouncing the nomination of John Roberts Jr. as chief justice of the Supreme Court. He said he would vote against Roberts, and he pointed to memos Roberts had written in the 1980s in which Roberts took hard-edged conservative stances on civil rights, privacy issues and other matters. Reid also cited the Bush administration’s refusal to release memos Roberts had written when he served in the solicitor general’s office during the first Bush administration. “We should only vote to confirm this nominee if we are absolutely positive that he is the right person” for the post, Reid said. His position was unambiguous.
On September 21, Senator Patrick Leahy, the ranking Democrat of the judiciary committee, declared that he would vote for Roberts. Leahy released a lengthy statement that could have justified either a nay or aye vote. He said he was “extremely disappointed by the lack of cooperation from the Administration….The Bush administration treated senators’ requests for information with little respect. Instead, for the first time in my memory, they grafted exceptions from the Freedom of Information Act to limit their response to Senators’ requests for information. They stonewalled entirely the narrowly tailored request for work papers from 16 significant cases John Roberts handled when he was the principal deputy to Kenneth Starr at the Solicitor General’s office during the President’s father’s administration.” Leahy also complained that Roberts “disserviced himself” by being tight-lipped about his judicial views during his confirmation hearings. And Leahy voiced concern about where Roberts would lead the court:
Judge Roberts’s work in the Reagan and Bush Justice Departments as well as his formative period in the Reagan White House seem to have led him to a philosophy of significant deference to presidential authority…..Maybe this deference was a principal basis on which this President chose him….This is a fundamental question. We know that we are in a period in which the Executive has a complicit and compliant Republican Congress that refuses to serve as a check or balance. Without the courts to fulfill that constitutional role, excess will continue, and the balance will be tilted.
But Leahy put aside these and other concerns. Why? Because he believes “Roberts is a man of integrity.” He explained: