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NINOMANIA:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::
:: Thursday, September 15, 2005 ::
BIDEN: That is not true, Judge. Justice Ginsburg violated that rule, according to you. Justice Ginsburg said precisely what position she agreed on. Did she, in fact, somehow compromise herself when she answered that question?
ROBERTS: She said no hints, no forecasts, no previews.
BIDEN: No, no. Judge, she specifically, in response to a question whether or not she agreed with the majority or minority opinion in Moore v. the City of Cleveland said explicitly: I agree with the majority, and here's what the majority said and I agree with it.
My question to you is: Do you agree with it or not?
ROBERTS: Well, I do know, Senator, that in numerous other cases -- because I read the transcript --
BIDEN: So did I.
ROBERTS: -- she took the position that she should not comment. Justice O'Connor took the same position. She was asked about a particular case.
BIDEN: Oh, Judge --
ROBERTS: She said, It's not correct for me to comment. Now, there's a reason for that.
BIDEN: But you're going from the --
SPECTER: Wait a minute, Senator Biden. He's not finished his answer.
BIDEN: He's filibustering, Senator. But OK, go ahead.
SPECTER: No, he's not. No, he's not.
ROBERTS: That's a bad word, Senator.
BIDEN: That's if we do it to you. Go ahead. Go ahead and continue not to answer.
ME: You'd think a legal epsilon like Biden would show more respect for an alpha like Roberts, but actually, no one who has watched him when he chaired the Committee -- scolding Thomas for believing in natural law, and Bork for not believing in it (there's different kinds of natural law, don't you know) should be surprised.
Back during the Thomas hearings, one of my sons, who was four years old at the time (young enough so that the obscene attacks went over his head), pointed to Biden on the telly and said, "The one with the hammer doesn't know what's going on."
:: David M. Wagner 10:55 PM [+] ::