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GOP: CAN WE PLEASE DO IT LIKE GINSBURG? [Byron York]
national review online ^ | 7-2005 | Byron York

Posted on 07/21/2005 2:56:40 PM PDT by 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.


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events; Politics/Elections
KEYWORDS: byronyork; confirmation; ginsburg; johnroberts; roberts; robertshearings; scotus

1 posted on 07/21/2005 2:56:42 PM PDT by doug from upland
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To: All
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."
2 posted on 07/21/2005 2:57:25 PM PDT by doug from upland (The Hillary documentary is coming)
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To: doug from upland

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


3 posted on 07/21/2005 2:58:17 PM PDT by mware ("God is dead" -- Nietzsch"....... "Nope, you are"-- GOD)
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To: All
.....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.
4 posted on 07/21/2005 2:59:25 PM PDT by doug from upland (The Hillary documentary is coming)
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To: doug from upland
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.
5 posted on 07/21/2005 3:01:51 PM PDT by mware ("God is dead" -- Nietzsch"....... "Nope, you are"-- GOD)
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To: doug from upland
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.
6 posted on 07/21/2005 3:03:31 PM PDT by FreedomSurge
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To: doug from upland

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


7 posted on 07/21/2005 3:03:52 PM PDT by Mogollon
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To: doug from upland

8 posted on 07/21/2005 3:04:23 PM PDT by dead (I've got my eye out for Mullah Omar.)
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To: doug from upland
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.

9 posted on 07/21/2005 3:05:37 PM PDT by VRWCmember
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To: FreedomSurge
How could he have given Ginsberg a pass

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

10 posted on 07/21/2005 3:06:34 PM PDT by Mr. Mojo
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To: FreedomSurge
I believe Hatch's IQ is - top end - 75/76

LOL! You're way too generous.

11 posted on 07/21/2005 3:07:15 PM PDT by Nonstatist
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To: mware
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.
12 posted on 07/21/2005 3:08:35 PM PDT by Rastus
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To: doug from upland

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.


13 posted on 07/21/2005 3:10:04 PM PDT by Darkwolf377 (Dean won't call Osama guilty without a trial, but DeLay and Rove should be in jail)
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To: doug from upland
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.

14 posted on 07/21/2005 3:10:44 PM PDT by F16Fighter
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To: Rastus
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.
15 posted on 07/21/2005 3:11:44 PM PDT by mware ("God is dead" -- Nietzsch"....... "Nope, you are"-- GOD)
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To: doug from upland

"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.


16 posted on 07/21/2005 3:13:12 PM PDT by Spok (A bad movie with horses is better than any movie with none.)
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To: Rastus
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
17 posted on 07/21/2005 3:19:48 PM PDT by sinbad17
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To: Mr. Mojo
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.

18 posted on 07/21/2005 3:21:51 PM PDT by Huck (Whatever.)
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To: Spok
"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!

19 posted on 07/21/2005 3:23:27 PM PDT by Redbob
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To: doug from upland
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.

20 posted on 07/21/2005 3:24:04 PM PDT by shield (The Greatest Scientific Discoveries of the Century Reveal God!!!! by Dr. H. Ross, Astrophysicist)
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To: FreedomSurge; F16Fighter; doug from upland

"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.


21 posted on 07/21/2005 3:25:50 PM PDT by rwa265
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To: sinbad17

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


22 posted on 07/21/2005 3:27:05 PM PDT by Rastus
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To: Spok
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

23 posted on 07/21/2005 3:30:00 PM PDT by SauronOfMordor
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To: Spok

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


24 posted on 07/21/2005 3:30:06 PM PDT by doug from upland (The Hillary documentary is coming)
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To: VRWCmember
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.

25 posted on 07/21/2005 3:30:13 PM PDT by maryz
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To: Mr. Mojo

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


26 posted on 07/21/2005 3:31:14 PM PDT by Spirited
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To: rwa265
"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??

27 posted on 07/21/2005 3:32:17 PM PDT by F16Fighter
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To: FreedomSurge
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.

28 posted on 07/21/2005 3:33:55 PM PDT by MamaLucci (Mutually assured destruction STILL keeps the Clinton administration criminals out of jail.)
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To: Darkwolf377
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.

29 posted on 07/21/2005 3:36:36 PM PDT by Oliver Optic
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To: F16Fighter

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.


30 posted on 07/21/2005 3:37:43 PM PDT by doug from upland (The Hillary documentary is coming)
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To: doug from upland
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.

31 posted on 07/21/2005 3:46:03 PM PDT by mware ("God is dead" -- Nietzsch"....... "Nope, you are"-- GOD)
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To: mware

Oh man. I want to know more about this.


32 posted on 07/21/2005 3:47:40 PM PDT by doug from upland (The Hillary documentary is coming)
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To: mware

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.


33 posted on 07/21/2005 3:49:03 PM PDT by doug from upland (The Hillary documentary is coming)
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To: doug from upland
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.

34 posted on 07/21/2005 3:50:32 PM PDT by mware ("God is dead" -- Nietzsch"....... "Nope, you are"-- GOD)
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To: doug from upland

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.


35 posted on 07/21/2005 3:52:08 PM PDT by mware ("God is dead" -- Nietzsch"....... "Nope, you are"-- GOD)
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To: mware

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


36 posted on 07/21/2005 3:53:21 PM PDT by doug from upland (The Hillary documentary is coming)
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To: Nonstatist
I believe Hatch's IQ is - top end - 75/76

LOL! You're way too generous.

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

37 posted on 07/21/2005 3:54:02 PM PDT by MediaMole
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To: doug from upland

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


38 posted on 07/21/2005 3:54:46 PM PDT by mware ("God is dead" -- Nietzsch"....... "Nope, you are"-- GOD)
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To: mware

sorry, fox news web site.


39 posted on 07/21/2005 3:55:15 PM PDT by mware ("God is dead" -- Nietzsch"....... "Nope, you are"-- GOD)
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To: doug from upland
Yeah, like that's ever going to happen.

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

40 posted on 07/21/2005 4:32:48 PM PDT by kennedy ("Why would I listen to losers?")
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To: F16Fighter

"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?


41 posted on 07/21/2005 4:48:29 PM PDT by rwa265
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To: sinbad17
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.
42 posted on 07/21/2005 4:51:27 PM PDT by Bush gal in LA
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To: rwa265

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


43 posted on 07/21/2005 4:55:03 PM PDT by canadiancapitalist
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To: doug from upland
"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.

44 posted on 07/21/2005 4:56:40 PM PDT by F16Fighter
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To: rwa265
"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.

45 posted on 07/21/2005 4:59:29 PM PDT by F16Fighter
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To: canadiancapitalist

I didn't consider that.

Let's see: 57 + 3 = 60.

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


46 posted on 07/21/2005 5:34:51 PM PDT by rwa265
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To: Oliver Optic
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.

47 posted on 07/22/2005 10:05:51 AM PDT by Darkwolf377 (Dean won't call Osama guilty without a trial, but DeLay and Rove should be in jail)
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