March 28, 2009
THE EDUCATION OF HARRY REID.... These comments from Reid fall into the category of "one can only hope he's BSing":
Senate Majority Leader Harry Reid said Friday that John Roberts misled the Senate during his confirmation hearings by pretending to be a moderate - and that the United States is now "stuck" with him as chief justice.
Ah yes, no one could have predicted.... Please. The Senate isn't the most discerning bunch of people in the world, but it was pretty clear to all that Roberts was strongly conservative.
Anyway, what really bothers me about Reid's comments is that they reinforce the idea that confirmation hearings matters. They don't -- and we'd all probably be better off ignoring them entirely.
Reid is suggesting that Senators based their vote on what Roberts said during the confirmation hearings. Again, I'm just hoping that's BS, because the alternative (that Senators actually voted based on his confirmation promises) is pretty depressing.
But the focus on confirmation hearings is consistent with how the media builds these things up. Following a Supreme Court nomination, the dramatic "conflict" focuses too heavily on whether the nominee can survive the hearings. If so, he or she is golden. That's the great test for life tenure in our time (at least for people who are minimally qualified -- unlike Harriet Miers).
What's funny, though, is that "surviving" means successfully not answering questions from lots of different people over long periods of time. The more you fail to do, the greater you succeed. It's a completely pointless exercise.
Actually, it's worse than pointless because it distracts us from looking at what really matters -- the nominee's past record. There's simply no better predictor than past performance. And if we didn't have the Kabuki theater of confirmation hearings hogging the spotlight, the political focus would hopefully shift to the nominee's record where it belongs.
Anyway, it's all moot now -- I'm guessing I'll like the next nominee better. But I'll still be annoyed by the pointless hearings process. Errr.... I mean that the absolute most critical test for Obama's nominees should only be whether they can survive the grueling nomination hearings.
—publius 10:08 AM
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It's all BS. Clarence Thomas sexually harassed a co-worker and for that was "Benched" for life... It's all BS.
Just a suggestion: How about a post or two on how the U.K. is treating the "Rule of Law" and beginning to investigate torture and it's use by their own people. It points out how glaringly awful our own ruling class has been subverted. Bushit/Darth/Rummy etc. are free walkers. Obama should be ashamed of himself. The D.O.J. doesn't need to worry about the economy. It needs to worry about the R.O.L. Things like torture and lying a republic into a war. Obama is showing the world NOTHING on this front. Nothing. Nauseating...
Posted by: stevio on March 28, 2009 at 10:29 AM | PERMALINK
This comment of Reid's was truly embarrassing. Say what you will about Roberts, I don't think anyone can plausibly argue that anyone was "misled." Likewise, I don't think anyone can plausibly claim to be genuinely surprised by the kind of Chief Justice he has turned out to be. Reid is either being disingenuous, or he's a bigger tool than I thought.
http://bleakonomy.blogspot.com/2009/03/color-me-incredulous.html
Posted by: Dan on March 28, 2009 at 10:30 AM | PERMALINK
You've described a soap opera I've seen a few times during my life time - As the Senate Turns.
It's as if high drama is what is wanted? desired? Seems so, but that's the hey, look at the bright shiny thing over there syndrome. What matters for any nominee for the bench is her/his decision-making history, and that's what the high drama obfuscates. The question becomes what interests benefit from such festive moments in what should be a more staid process?
Posted by: kevo on March 28, 2009 at 10:35 AM | PERMALINK
Well, ya know, there was always the possibility that Roberts coulda turned out to be another Earl Warren. I'm sure that's what Reid was hoping for.
Posted by: maya on March 28, 2009 at 10:38 AM | PERMALINK
BSing? I'm surprised he's noticed now. And, tell me again why he's the Senate leader.
So, let's see - Bush appoints EXACTLY who you would expect him to. The Dems pretend he's a "moderate". Bush immediately makes him Supreme Justice. Reid doesn't get it!
I wonder how many years it will take for Reid to figure out that Republicans will try to block legislation he supports? I'm betting on NEVER!
Posted by: Mark-NC on March 28, 2009 at 10:39 AM | PERMALINK
To quote Tanta: Hoocoodanode???
Posted by: hilzoy on March 28, 2009 at 10:41 AM | PERMALINK
What's funny, though, is that "surviving" means successfully not answering questions from lots of different people over long periods of time.
In Alito's case, just asking the questions was enough to make his wife cry.
Posted by: qwerty on March 28, 2009 at 10:41 AM | PERMALINK
Dan, Reid is both disingenuous and a fool.
You would think the many years of training the Reps have given the Dems on abject obstruction and complete disdain for any opposition would someday sink in and come out the other side as a tool of governance. What bunch of wusses.
Posted by: Bob Johnson on March 28, 2009 at 10:45 AM | PERMALINK
The problem with hearings is the republicans always get their way. When the nominee is republican, they insist that he not be asked any relevant questions and the Dems go along. When it is a Dem nominee the republicans insist that he be grilled to the maximum and the Dems go along with that too (just to be 'fair'). Grow a freakin spine Reid. Apparently everyone knew about Roberts except the Dems.
(I mean Bush picked him - what else do you need to know)Then Roberts sits up there and says I not going to answer any questions about issues that might come before the court. And the Dems say okay - DUH ( when they should say baloney, that's what you're here for and if you don't answer, we ALL vote against you). Imagine if you had a job interview and said I won't answer any questions about how I might do my job!
Posted by: James G on March 28, 2009 at 10:51 AM | PERMALINK
Two embarrassing Reid blogs in 24 hrs -- he's gathering steam. Put this together with Steve's from 1:20pm yesterday (it's still up) where Reid called PR campaigns by leftist groups like MoveOn "unwise and not helpful." Just let us alone, don't suggest we do anything we haven't already thought of, and we'll... put a John Roberts and the Scalitobot on our highest court, then act surprised by the results. No, he doesn't need guidance from the public....
I've been more tolerant of Reid than many, seeing him as an accommodator and deal maker in the best sense, someone who brings together disparate viewpoints to get things done. No more. The Senate needs a more forceful, and need we bother to say smarter, leader, to outmaneuver McConnell and get the Blue Dorks in line. Chris Dodd would be ideal, but currently has too many problems of his own. I've wondered all along how many of them have to do with those who see Reid's incompetence, the potential solution, and want to prevent it from happening?
Posted by: ericfree on March 28, 2009 at 11:06 AM | PERMALINK
Harry Reid, like Bill Clinton before him, is turning out to be a very good Republican.
Posted by: freelunch on March 28, 2009 at 11:17 AM | PERMALINK
It's just more of the 'gotchafication' of the process. Instead of considering an appointee's record and life's work, it comes down to a televised job interview. And no one speaks the truth in job interviews, at least not the whole truth.
And is it just me, or did the Senate Majority Leader just call the Chief Justice of the Supreme Court a liar?
Posted by: Northzax on March 28, 2009 at 11:24 AM | PERMALINK
Reid's a titty-baby. In the next breath after this BS, he tells liberals to "back off."
Why?
Posted by: SocraticGadfly on March 28, 2009 at 12:01 PM | PERMALINK
If there was a big lie that occurred, it was Reid lying to himself. It's purely disingenuous to say you couldn't have seen what the Roberts Court foreshadowed when he was nominated.
Reid needs to learn leadership. His role is not to be the chief bipartisan capitulator, the head sheep leading the rest of his party off to slaughter. If Harry Reid didn't exist, David Broder would have to invent him.
Posted by: petorado on March 28, 2009 at 12:24 PM | PERMALINK
Looking at a judicial record is all well and good when one exists. Many judges and justices come from private practice. How are you going to examine them for how they will adjudicate? Its an aberation that all the current supremes come from federal circuit courts. the problem with the hearings is that you are allowed to be evasive. i would like to see a senator tell one of these judicial candidates that his hearing is like oral argument and if he is non responsive to a question hes gonna lose.
Posted by: Gaucho Politico on March 28, 2009 at 12:35 PM | PERMALINK
Seriously? Little, delicate Harry Reid was waylaid and bamboozled on the plantation by the fast-talkin' Salesman Roberts from the Big City who, with his fancy words, did force -- force, I say! -- Mr. Reid to part with his cherished, and often-clutched, pearls? I declare!
Posted by: Library Grape on March 28, 2009 at 12:36 PM | PERMALINK
You guys just don't get it.
Ol' Harry has laid the groundworks for impeaching Roberts for lying to the Senate.
And you all thought there was no way to distinguish his actions from those of a Republican mole!
Posted by: km on March 28, 2009 at 3:17 PM | PERMALINK
Coming in late, but I see no one has mentioned IMPEACHMENT. Judges can be impeached. It's the only way their life tenure can be terminated. Grounds for impeachment include lying to or misleading Congress as, for example, during a confirmation hearing. If Roberts made any statement that his subsequent actions shows to have been false or knowingly misleading, he would definitely be vulnerable to impeachment.
While I share the view of Reid as a limp fish, I'm wondering if his comments could be interpreted as pointing in the direction of consideration of possible impeachment proceedings.
Posted by: Goldilocks on March 28, 2009 at 4:58 PM | PERMALINK
Sorry, km. I see we have the same thought here. Penalty I pay for failing to refresh the thread. However, good to see we're not alone!
Posted by: Goldilocks on March 28, 2009 at 5:02 PM | PERMALINK
BS'ing is best case scenario. How in the hell anyone believed that Roberts was moderate is beyond me. You want to talk about someone BS'ing, or at least posing, it's Reid. He's a douche and a disgrace to Democrats. Of course, that's just my opinion.
Ken Kohl (to save Doogan some time looking)
Posted by: Ken on March 28, 2009 at 5:19 PM | PERMALINK
ericfree at 11:06 AM:
"I've been more tolerant of Reid than many, seeing him as an accommodator and deal maker in the best sense, someone who brings together disparate viewpoints to get things done. No more. The Senate needs a more forceful, and need we bother to say smarter, leader, to outmaneuver McConnell and get the Blue Dorks in line."
This is exactly it. In a one down situation which requires skillful accommodation Reid seems to be in his element, but he's way over his head now. His cautious, preemptive mediation and positioning will end up killing the Dems, unless Obama (or someone) can light a fire under his ass. A mule is great for the slog, but we're in a sprint and we need thoroughbreds. I guess the real question is how much Reid will cling to power and his patterns of behavior (tough things to change) at the expense of the progressive project.
Posted by: Conrads Ghost on March 28, 2009 at 6:26 PM | PERMALINK
I find itr interesting how the comments all seem to be about Reid and not Roberts. It is not what we may or may not believe about Roberts true colors. But what he told to a Congressional Committee.
Ithink that there are rather strict laws about to such a Committee. And more so for a Federal employee.
As for Reid keeping quiet til now. What good would it have done earlier?. As the Bible suggests everything has its season.
Spending time on Gonzo or Meyers etc has no present value.
Starting toward an impeachment of Roberts is a many-faceted move. It gets back for Clinton, gets back at Bush and has the possibility of opening two more SCOTUS seats for Obama (Alito could not stay if Roberts quit.) Any such probe would put the GOP between a rock and a hard place.
How Sweet it is.
Posted by: plschwartz on March 28, 2009 at 6:47 PM | PERMALINK
Sorry. That should read: I think that there are rather strict laws about LYING to such a Committee. And more so for a Federal employee.
Posted by: plschwartz on March 28, 2009 at 6:50 PM | PERMALINK
Impeach a member of SCOTUS? Is this even possible or desirable?
Remember when FDR tried to pack the Supreme Court? Well, that was the wrong thing to do, and Congress blocked it, and FDR paid a price for proposing it. Impeachment of members of SCOTUS is pretty much the same thing. The SCOTUS needs to be free of fear of impeachment ESPECIALLY impeachment for political gains. The Dems are only temporarily running Washington, tomorrow it could be the opposition, and the very thing you pushed so hard to do would be used against you.
Senator Reid's being shortsightedly ingenious at best and flat out stupid at worst. Everybody know Roberts was very right wing guy. Thats' why he was nominated.
Posted by: Glen on March 28, 2009 at 7:40 PM | PERMALINK
Confirmation hearings don't matter so we should abolish them? Alternative proposal: make them matter.
Posted by: Ross Best on March 29, 2009 at 3:53 AM | PERMALINK