Yesterday, there was a widely noted article about a statement made by Judge Roberts that some people interpreted to mean he'd said his religion would require him to recuse himself in abortion cases.
News reports today have people who heard the statement saying that he didn't really mean he'd have to recuse himself, which doesn't surprise me, since the misunderstanding was already apparent (to me) in yesterday's report.
July 26, 2005
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INT - JUDICIARY COMMITTEE HEARING ROOM - LATE AFTERNOON
SEN. SCHUMER: Are you now or have you ever been a member of the Federalist Society?
Mr. ROBERTS: I don't think that's a proper question.
SEN. SCHUMER: So you won't answer?
Mr. ROBERTS: Sure, I'll answer.
SEN. SCHUMER: But you said it wasn't a proper question.
Mr. ROBERTS: I will see if I can answer it properly.
SEN. SCHUMER: You said it wasn't a proper question.
Mr. ROBERTS. I believe it is a question which invades my rights as a citizen. I do not believe it is proper for this committee to inquire into my personal relationships, my private relationships, my public relationships.
SEN. SCHUMER: It's just a question. I don't see any reason to dodge the question and be evasive. Aren't you a member of the Federalist Society?
Mr. ROBERTS: How does membership in a law and public policy club have anything to do with these proceedings?
SEN. SCHUMER: You are a right wing lawyer and judge. You must be a member.
Mr. ROBERTS: I don't follow.
SEN. SCHUMER: This Federalist Society is a "well established network of right-wing lawyers, politicians, pundits, and judges." It says right here. "Many members of the FS advocate a rollback of civil rights measures, reproductive choice, and generally support conservative morality being enshrined in federal and state laws. Federalist Society advocates school vouchers."
Mr. ROBERTS: "Enshrined" what?
SEN. SCHUMER: Why do you want to rollback civil rights measures?
Mr. ROBERTS: I don't.
SEN. SCHUMER: Don't what?
Mr. ROBERTS: Want to rollback civil rights.
SEN. SCHUMER: You quote "want to rollback civil rights". Why?
Mr. ROBERTS: No, I don't.
SEN. SCHUMER: That's what you just said.
Mr. ROBERTS: With all due respect, that is not what I said.
SEN. LEAHY: Don't you respect Selma? Mississippi Burning? For Godsakes, did you light those crosses in Durham last month?
Mr. ROBERTS: What?
SEN. SCHUMER: Why do you want to enshrine (making quote marks in the air) conservative morality in federal and state law?
Mr. ROBERTS: I thought you wanted to know if I was in the Federalist Society? What's all this about enshrining morality and rolling back civil rights?
SEN. KENNEDY: May, uh, I, uh, interrupt here?
SEN. SCHUMER: Go ahead Teddy.
SEN. KENNEDY: Is it true you own a coat hanger business?
SEN. ROBERTS: No.
SEN. KENNEDY: And access to the nation's back alleys?
SEN. DURBIN: Federalist!
SEN. LEAHY: Federalist! Admit it. Federalist!
Mr. ROBERTS: I may be a member, but I don't recall joining. I have given talks to them. Participated in debates and other event's they sponsor.
SEN. DURBIN: Nazi! He admits it. My God, George Bush has nominated Pol Pot to the Supreme Court!
CHAIRMAN SPECTER: That's troubling.
SEN. BIDEN: Troubling, hell. Deeply troubling. Have you no since of decency, Mr. Roberts? I wrote that myself. High tech lynching!
SEN. DURBIN: Gulag! Gulag!
SEN. SCHUMER: And get this, the Federalist Society "creates an informal network of people with shared views which can provide assistance in job placement". Old boys, eh?
SEN. DURBIN: Illuminati! Freemasons! Knights Templar!
SEN. SPECTER: Deeply troubling. We need to get the facts.
SEN. DURBIN: If I'd read about this, I'd be certain this was Munich. Or Nuremburg. Abu Ghraib. Aruba!
SEN. HATCH: Excuse, me, but C-Span has stopped coverage for today.
SEN. SCHUMER: Excuse me, I've gotta run. Think I saw ABC outside the door.
SEN. SPECTER: We'll recess until tomorrow.
SEN. DURBIN: Pinochet on the Supreme Court. Can you believe it? Oh my God. If I hadn't been here and read about all this, I'd be certain this Administration was in Mordor. Or England. Stalin! Ghandi!
I don't see what a Justice's religious beliefs have to do with his job. In a system that had not been corrupted, the Supreme Court would not hear abortion cases. Despite the clairvoyance of Justices who see rights in the Constitution that are simply not there, the Constitution does not address abortion. Therefore, under the 10th Amendment, any abortion case would be kicked back to the states. Then either the state lawmakers would do their job and legislate according to their constituants' wishes, or the people would VOTE on the issue. That must be a Democrat's worst nightmare -- democracy at work.
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