GOP: CAN WE PLEASE DO IT LIKE GINSBURG? [Byron York]

national review online ^ | 7-2005 | Byron York

[doug from upland]

GOP: CAN WE PLEASE DO IT LIKE GINSBURG? [Byron York]

Look for Republicans to point to the confirmations of Ruth Bader Ginsburg and Stephen Breyer as models of the process that should be employed in the effort to replace Sandra Day O'Connor. Both Ginsburg and Breyer were nominated and confirmed at a time (1993-1994) in which the president's party -- Democrats -- also controlled the Senate. And both were given relatively easy passage through the Senate because the minority party -- Republicans -- cooperated with Democrats to ensure a quick confirmation. Ginsburg was nominated on June 14, 1993 and confirmed by the Senate on August 3, 1993. Breyer was nominated on May 13, 1994 and confirmed on July 29, 1994.

They moved with such speed because Republicans, in particular Sen. Orrin Hatch, the ranking GOP member on the Senate Judiciary Committee at the time, declined to challenge their records. Ginsburg, in particular, received something of a bye from Republicans despite her former position as general counsel of the American Civil Liberties Union; had they chosen to, Republicans could have hung every extreme ACLU position around Ginsburg's neck. Instead, "Sen. Hatch put an orderly and fair process above scoring political points," says one high-ranking staffer involved at the time. "It ensured that the Senate's conduct of the hearings was constructive rather than divisive."

Republicans also chose not to oppose Ginsburg even though she refused to answer dozens of questions during her confirmation hearings. Among others, she declined to give her views on Roe v. Wade, on the Second Amendment, on the death penalty, on the Voting Rights Act, on race-based congressional redistricting, and on adoption rights for gay couples, among many other issues. At one point in her hearings, Republican Sen. Strom Thurmond told her, "In preparing these questions or any others I may propound during the hearings, if you feel they are inappropriate to answer, will you speak out and say so." On another occasion, Thurmond said, "I will not press you to answer any that you feel are inappropriate."

Not surprisingly, Democrats wholeheartedly agreed. Then-chairman Sen. Joseph Biden told Ginsburg, "You not only have a right to choose what you will answer and not answer, but in my view you should not answer a question of what your view will be on an issue that clearly is going to come before the court in 50 forms probably, over your tenure on the court."

Of course, Republicans today realize that Democrats, now the minority party, will never extend to a Bush nominee the sort of treatment the GOP gave Ginsburg in 1993. Nevertheless, they will tell the story over and over, in hopes that someone will listen.

[doug from upland]

Sen. Joseph Biden told Ginsburg, "You not only have a right to choose what you will answer and not answer, but in my view you should not answer a question of what your view will be on an issue that clearly is going to come before the court in 50 forms probably, over your tenure on the court."

[mware]

Chuckie is not going to get away with badgering our nominee with those types of questions.

[doug from upland]

.....declined to give her views on Roe v. Wade, on the Second Amendment, on the death penalty, on the Voting Rights Act, on race-based congressional redistricting, and on adoption rights for gay couples, among many other issues.

[mware]

Yeap, answer no questions having to do with anything he might have to rule on later, otherwise the senate will say he has to recluse himself from hearing the case. Remember what happen to Scalia in that one case.

[FreedomSurge]

I believe Hatch's IQ is - top end - 75/76. Nearly retarded. How could he have given Ginsberg a pass. He did this country a grave disservice.

[Mogollon]

Well we should be able to record a lot of sound-bites to use against the rats in the 2006 congressional elections.

[dead]

[VRWCmember]

Not surprisingly, Democrats wholeheartedly agreed. Then-chairman Sen. Joseph Biden told Ginsburg, "You not only have a right to choose what you will answer and not answer, but in my view you should not answer a question of what your view will be on an issue that clearly is going to come before the court in 50 forms probably, over your tenure on the court."

Was Biden plagiarizing someone when he said this? Regardless, the Hatch should repeat this quote over and over and attribute it to Joe Biden every time the C-SPAN cameras are rolling over the next few days.

[Mr. Mojo]

How could he have given Ginsberg a pass

A radical's radical, yet she waltzed through the process without any opposition.

[Nonstatist]

I believe Hatch's IQ is - top end - 75/76

LOL! You're way too generous.

[Rastus]

Chuckie is not going to get away with badgering our nominee with those types of questions.

I'd agree if we weren't relying on Republican Senators.

[Darkwolf377]

From what I'm reading Roberts will be the smartest person in the room and can handle Teddy and his pals without any help from Hatch or anyone else.

[F16Fighter]

Ginsburg, in particular, received something of a bye from Republicans despite her former position as general counsel of the American Civil Liberties Union; had they chosen to, Republicans could have hung every extreme ACLU position around Ginsburg's neck...

...Instead, "Sen. Hatch put an orderly and fair process above scoring political points," says one high-ranking staffer involved at the time.

So Orrin Hatch is to blame for "leading" the GOP voting to approve Ruth Satan-Ginsburg on the SCOTUS?

As with the fillibuster "deal," the "process" and insitution of the Senate is far more important than the country to these self-absorbed nincompoops.

[mware]

Oh I am not relying on the senators, I am relying on Judge Roberts. He knows that it is ethically wrong to mention anything that he might have to rule upon later.

[Spok]

"Republicans also chose not to oppose Ginsburg even though she refused to answer dozens of questions during her confirmation hearings."

Roberts should read a transcript of Darth Vader Ginsburg's testimony and parrots her responses word for word.

[sinbad17]

With no attempt to be outrageous, why don't the candidates simple tell Shummer, Kennedy, et al to kiss their ass and refuse to answer anything. They know these weirdos are going to vote against them regardless

[Huck]

A radical's radical, yet she waltzed through the process without any opposition.

And now our side is saying that should be the standard. Pathetic.

[Redbob]

"Roberts should read a transcript of Darth Vader Ginsburg's testimony and parrots her responses word for word."

Exactly.
She handled those senators the way Lance Armstrong handles French cyclists!

[shield]

I've seen clips of John Roberts and his confirmation...he did cite Ginsburg when he was not going to answer those particular questions.

Roberts nailed those senators over and over again. His confirmation hearings will be lots of fun...he'll nail all of them against the wall...he knows just how to do it.

[rwa265]

"How could he have given Ginsberg a pass. He did this country a grave disservice."

Keep in mind the Dims had a 57-43 majority in 1993 and the only way the nomination could have been stopped would have been by filibuster, which the dims probably would have nuked then. Dang, now that I think about it, maybe if the Pubs filibustered back then, the Dims would not have had the filibuster now.

[Rastus]

It would turn off some who might vote for them, including many of the linguini Reps.

[SauronOfMordor]

Roberts should read a transcript of Darth Vader Ginsburg's testimony and parrots her responses word for word.

Better yet, have a voice recording of her own voice saying the words, that he can play at a touch of a button

[doug from upland]

Roberts should not read them, but GOP senators had better do it. They should make a chart like Barbara Boxer does. :)

[maryz]

Fox has run it, and I've been seeing so much of it in print lately (OK -- I don't read the NYT or Boston Globe or anything like that) that it now has its own name: "the Ginsburg rule" (though I've seen it referred to also as "the Ginsburg/Breyer rule" -- I guess Breyer got the same treatment).

It's being widely publicized -- no excuse for any Republican senator (even those with short memories) to be unaware of it.

[Spirited]

Waltzed through because Republicans equate lack of character/guts the "high road".

[F16Fighter]

"Keep in mind the Dims had a 57-43 majority in 1993 and the only way the nomination could have been stopped would have been by filibuster, which the dims probably would have nuked then. Dang, now that I think about it, maybe if the Pubs filibustered back then, the Dims would not have had the filibuster now."

Thought-provoking points, but I can't imagine the Pubbies filibustering. EVER.

They should have just flushed Satan-Ginsburg's nomination down the toilet.

I mean come on -- 'General Counsel' for ACLU?? Does a SC nominee get any more liberal than that??

[MamaLucci]

He did this country a grave disservice.

Yes, he did.......and to add insult to injury, he incessantly brags
about how he got rolled by "worked with" the democrats.

[Oliver Optic]

From what I'm reading Roberts will be the smartest person in the room

According to Sandy Berger (Robert's former law partner), Roberts is the smartest person in every room.

[doug from upland]

The same principal applies then as now. The disgraced impeached scumbag president had the right to get his leftist judge. Our president has the right to get his conservative judge. The lesson is that we had better keep winning elections until we can get a 9-0 court.

[mware]

Hey Doug have you heard todays political grapeview by Brit Hume.

You will not believe the story on Moyers. Seems when he was in the White House (LBJ) he sent out a memo asking the FBI to hunt down dirt on the Goldwater campaign staff regarding homosexuality.

Moyers claimed it was not true, so the guy investigating it said that he would investigate and when he was proven he did not send the memo he would clear his name Moyers backed off his claim and is said to have said something like, "I was so young, how would my wife understand.

BTW, this is not an active case.

[doug from upland]

Oh man. I want to know more about this.

[doug from upland]

Believe it or not, I am helping my brother's and his company at an event in Austin in late September. Moyers and Ivins are featured speakers. It will be difficult, but I have promised to behave. But I wouldn't be beyond confronting him after hours.

[mware]

Doug if Brits show has not been on yet in your region, make sure you watch The Grapevine.

I was stunned.

If you missed his show, they still have yesterdays grapevine up, but they are sure to change it before the end of the night.

[mware]

Doug from the sounds of his response he knew his goose was cooked and was just about begging for the story not to get out.

[doug from upland]

I don't have cable because I really hardly ever watch television.

[MediaMole]

I believe Hatch's IQ is - top end - 75/76

LOL! You're way too generous.

75/76 = 0.986842105 ...seems about right.

[mware]

OK, best I can suggest is that watch for the grapevine story on fox news cable.

[mware]

sorry, fox news web site.

[kennedy]

Yeah, like that's ever going to happen.

That was a Democrat president nominating far left wing justices. Different rules apply.

[rwa265]

"They should have just flushed Satan-Ginsburg's nomination down the toilet."

I agree the Pubs would have never filibustered, but just how could 43 of them stopped Ginsburg?

[Bush gal in LA]

I was thinking the same thing. The far left wing creeps[shumer Kennedy] will vote against him no matter what he says , so I would tell them to kiss off! But I was wondering if the attacks and badgering really get vicious and out of control does Spector or whoever have the right to object or shut the hearings down or will the abuse just be'' tolerated?'' I want whoever is in charge or conducting these hearing to have some guts and put these Senators in their place. But I don't really know the official rules on the hearings. I was not into politics at the time of the Thomas hearings but I do remember having to turn the set off cause it was pretty awful what the DemocRATS were doing to him.

[canadiancapitalist]

They wouldn't have had to nuke the pubs. Chafee, Sp[ectre, and Snow gladly would've voted to end a filibuster.

[F16Fighter]

"The disgraced impeached scumbag president had the right to get his leftist judge. Our president has the right to get his conservative judge. The lesson is that we had better keep winning elections until we can get a 9-0 court."

With one caveat:

NO RINOS.

[F16Fighter]

"I agree the Pubs would have never filibustered, but just how could 43 of them stopped Ginsburg?"

The same way the Dems have been filibustering, making a mockery of the approval process, and scaring the crap out of the Pubbies.

[rwa265]

I didn't consider that.

Let's see: 57 + 3 = 60.

Yep, you're right, it adds up. Closure. No nuke needed.

[Darkwolf377]

According to Sandy Berger (Robert's former law partner), Roberts is the smartest person in every room.

Considering the source, he probably meant Roberts was the smartest dresser in every room.