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.