Topic: Discussing Decided Cases
Senator: Schumer
Date: SEPTEMBER 14, 2005
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SPECTER: Senator Schumer, you're recognized for 15 minutes.
SCHUMER: Thank you, Mr. Chairman. Again, thank you for allowing us to go on with the questioning.
I just want to make a comment, and then I'll get into the questions, because in our last round you had mentioned something that I didn't think you had said before.
You know, you've always said you can't talk about decided cases because people might think there's some bias, but you introduced an argument I've heard you make to me privately but I don't know if you made it here publicly, which is you don't want to try and, quote, "get my vote by changing your position," and there shouldn't be a bartering process at these hearings.
I would like to say to you that I don't think there should be either, and I don't think anyone does. I'm not asking you, I don't think any member of this committee, from Mr. Coburn all the way to the other end, is asking you to try and tailor your answers to what you think we want to hear. That would be unfair to you and unfair to us.
SCHUMER: All we're asking is to learn of your views within the ways you feel that you can tell us your views.
So I think this argument that this is a bargaining or bartering process demeans it. I want to know what you think, not what you think I want you to think, so I can make a fair judgment as to how to vote for you. And I think that's probably true of every single member here.
And by the way, since you are before all of us, if you try to earn one person's vote, you might lose another person's vote. So you may as well say what you think and not try to do any bartering.
And I'm sure that's how you think, too, but I don't think that's a fair argument in terms of why people won't answer questions about decided cases or about anything else. That would apply to every question you're asked, that you might -- we may as well not having hearings if the only reason was for to you try and twist yourself into a pretzel to please everybody here.
Now, as I've said, I would like to vote for you. To me, as I said in my opening statement, the test is, are you a mainstream person -- conservative mainstream, but mainstream -- or an ideologue?
Now, I -- this is my view, and I'm not going to ask you yours -- I think there are a couple of ideologues, too, on the court who want to use the law to change America dramatically in their vision.
And so I am going to try a few other ways to try and figure out who you are, so I feel comfortable with it.
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