So I’ve been following the Roberts debate, as has the majority of the blogosphere with interest. I had to laugh when I came across an interview of Rick Santorum conducted by CNN Anchor Aaron Brown in which Santorum hotly contests the notion that Roberts should be obligated to answer any questions on Roe v. Wade. He invokes fairness as the reasoning:
BROWN: I saw a poll the other day that said 60 percent of the country wanted to know how Judge Roberts felt about Roe v Wade. It’s a settled case. Do you think the country’s entitled to know whether he believes that that case was decided correctly?
SANTORUM: You know my feeling is, you have to look at the standard of what’s been applied in the past. And what judges in the past have been forced to answer is, you know, how they felt about, you know, sort of the black letter law, if you will. Not really looking at, how would you rule in cases…
BROWN: I’m not asking how you’d rule. This is a settled case. Roe v Wade is a settled case, it is settled. Is this a fair question, do you agree that that case was settled correctly? Is that a fair question to ask him?
SANTORUM: Well, let me put it this way. That question was asked of Judge Ginsberg, it was asked of Judge Breyer and neither of them answered the question.
BROWN: So the answer is no you don’t think the country is entitled…
SANTORUM: Well I think, what’s good for the goose is good for the gander. I mean, it’s remarkable that we have an ACLU lawyer, not just someone who — I mean, an ACLU lawyer who gets a pass on their ideology for the United States Senate and we have a lawyer who is really a lawyer’s lawyer, he’s been all over the place, is clearly not someone with an agenda and all of a sudden they have to answer litmus test kinds of questions. Is that fair? I would say it’s not fair.
BROWN: All I want to know is if — it’s really a simple question.
SANTORUM: I’m giving you the answer. The answer is no. If it wasn’t answered in the past, it shouldn’t be answered in the future.
Well, to an extent this seemed reasonable – why after all should we hold SCOTUS nominee’s to different standards with regards to questioning when it comes to divisive issues. But then I came across several posts of outrage, that indicated Ginsburg and Breyer had both answered the question in a way that allowed for some transparency (especially in the case of Ginsburg). I had to do some digging, but I found two interesting things – first of all, it seems that the Federalist Society is championing their amnesiac brother, Roberts. They have published an attack based breakdown of the Ginsburg hearing, coupling it with talking/arguing points that the conservatives might be able to use in order to shield Roberts from answering any questions put to him, as well as omitting the answers she gave that might prove detrimental should he answer them with the same candor she did .
Thankfully I was able to find the testimony that the Federalist Society omitted on her responses during her senate hearings to the issue of abortion at Issues2000.org:
Senator Hank Brown asked Ginsburg about equal rights for men and women on the question of abortion.
Ginsburg: I will rest my answer on the Casey decision, which says in the end it’s her body, her life, and men – to that extent – are not similarly situated. They don’t bear the child.
Brown then asked her to explain further about whether the rights of men and women are not equal in this case.
Ginsburg: I said on the equality side of it, that it is essential to a woman’s equality with man that she be the decision-maker, that her choice be controlling. If you impose restraints, you are disadvantaging her because of her sex.. The state controlling a woman would mean denying her full autonomy and full equality.
Breyer was vague and called it ‘settled law’, which implied at least that he personally had no desire for it to be revisited. Quite honestly, I’d have liked more transparency, but then again Breyer didn’t have the same questionable background issues regarding this particular issue of ‘settled law’ that Roberts does.
Ultimately it showed me that this in fact was considered not only a valid line of questioning, but also worthy of weight with regards to the Senatorial hearings, and their conclusions of particular nominee’s. With regards to the other answers Ginsburg refused to entertain or answered in a general manner, the responses also included detailed explanations of why her answers were thus.
In some questions regarding Antitrust issues, she indicated non-expertise having only 12 of such cases under her belt, but then offered further explanation on a particular case to give an example of her beliefs. This hardly constitutes an example of her attempting to stymie the process of fact finding.
Consistently she attempted to be specific to give ideas of her general ideology without addressing cases that as she stated were slated on the current or potential dockets.
While conservatives are attempting to paint a similar picture, what seems stunningly evident to me is that her answers were not so much evasions, like Roberts, but instead attempts to answer with transparency while respecting the integrity of the system. That’s my interpretation, at any rate.
LOL, thanks!