Topic: Willingness to Answer Questions
Senator: Cornyn
Date: SEPTEMBER 13, 2005
Contents
CORNYN: And I heard today that yesterday we were talking about baseball, but today we're talking about dodge ball.
Some have suggested that you have been less than forthcoming about your answers to the questions, and I just couldn't disagree with that more. And I want to go over this just a minute, because I think it bears some repetition.
First of all, you were confirmed by the United States Senate by unanimous consent just a little over two years ago to the District of Columbia Court of Appeals, what some have call the second most important or powerful court in the nation .
So you've been before the committee before. You've been thoroughly investigated, examined and scrutinized, perhaps more than anyone else in history.
The reason I say that is because, since your nomination -- first as associate justice and now as chief justice -- there have been more than 100,000 documents produced about your background and record, Some in the government sector and some in the private sector.
And of course, we've heard today how perhaps a line or a word or a choice of phrase can be used, perhaps out of context, to try to create an impression that may or may not be borne out by looking at the entire context of your record or even the document.
But I do believe you have been forthcoming. I know before we had the last two rounds of questions, you'd answered 35 questions on civil rights, 10 on following precedents.
CORNYN: You answered 40 questions about the role of a judge, 25 on abortion and privacy rights, and 11 on presidential powers.
So I would just disagree with the characterization that someone might make -- I don't think it's fair or accurate -- that you've been anything less than completely forthcoming, and that we frankly know an awful lot about you, and that's not been a bad thing.
I think from my point of view, the more that we have learned about you, the more confidence many of us have in the judgment of the president in your selection.
But, of course, you're not there yet. We still have a lot of questions to task before voting.
I want to also talk to you a little bit about one area of questioning. I believe it was Senator Biden who was asking you about Justice Ginsburg and the fact that she answered some questions, but declined others. And we've talked about the Ginsburg standard. I think Senator Schumer referred to that as well.
And what I understand that to mean, what I mean by that when I say it is that she has recognized that there is a line that a nominee cannot step over in terms of prejudging cases or issues that may come back before the Supreme Court, and that's the line I understand you to have drawn.
But Justice Ginsburg, as I believe Senator Graham pointed out, had an extensive paper trail and record, and she did feel at some liberty to talk about issues where she -- her views were already public or where she had already written.
Is that the distinction? Or could you explain your understanding of the distinction she was making, or how she handled it, perhaps in a way that's different from the way you were handling questions?
ROBERTS: My understanding, based on reading the transcripts not just of Justice Ginsburg's hearing, but of the hearings for every one of the justices on the court, is that that was her approach; that she would generally decline to comment on whether she viewed particular cases as correctly decided or not.
ROBERTS: She at one point said that was the court's precedent, she had no agenda to reconsider it, and that was all she was going to say. And in areas where she had written, she thought it was appropriate to discuss more fully because it was an area that she'd already publicly commented on. And I understand that to be the distinction as to why she commented in particular areas, but not others.
CORNYN: To your knowledge, is the line that you have attempted to walk in these proceedings about being as forthcoming as you can, but recognizing that you have a responsibility not to jeopardize your impartiality, either the perception or the reality or the impartiality and independence of the judiciary, has that been the line that you've attempted to walk and, as you understand, previous nominees have attempted to walk?
ROBERTS: It is, Senator, with an exception. And the exception is that I've tried to share more of my views with respect to particular cases. I know other nominees have declined, for example, to comment on even a case like Marbury v. Madison, because they thought as a theoretical matter it could come before the court.
I tend to take a more practical and pragmatic approach to things, rather than a theoretical or ideological approach. I think as a practical matter an issue about Marbury v. Madison is not likely to come before the court. Same with Brown v. Board of Education. So I've gone farther than many nominees and have been willing to talk about my views on those particular cases.
But I do think when it gets into an area where the correctness or incorrectness or my agreement or disagreement with a particular precedent is in an area that is likely to come before the court or could well come before the court, I do have to draw the line there.
And it's not out of any interest to dodge questions or anything. My views on the cases that I think are not likely to come before the court, I'm perfectly willing to discuss. It's based on the concern that the independence and integrity of the Supreme Court depends upon justices who go there and will decide the issues there with an open mind, based on the judicial decisional process, not based on prior commitments they made during the nomination hearing.
ROBERTS: All of the justices have adhered to that approach for that reason. And if I'm to join their number, I need to be able to look them in the eye in the conference room and say I kept the same faith with the independence and integrity of this court.
CORNYN: Well, I think it also may reflect the fact that you seem to be quite comfortable responding to questions from the committee. You've had a lot of experience responding to questions from the bench and having to distinguish cases, answer hypothetical questions and the like.
And I think we have gained an appreciation, a greater appreciation for the skills that you've acquired and your ability.
But I understand the line you're walking. And I think it's really a constitutional standard that you're trying to observe. And I applaud you for it.
Contents
Prev
Next
Last
