August 16,
2005
September Surprise
in Roberts’ Confirmation Hearing?
It’s pretty clear now that Supreme Court nominee
Judge Roberts is going to get confirmed. I have talked
to a number of democratic aides who can’t envision
a scenario in which Roberts would be filibustered. It’s
just not going to happen. But will there be a “September
surprise”? Look at Anita Hill and the whole Clarence
Thomas situation. He was sailing along well until her
allegations. So you never know. But what I’m being
told be people in the know is that this isn’t about
IF he’ll get confirmed, it’s about by how
much. In other words, what will the vote count be? Will
he get 70 votes? 80?
It’s too early to tell, but let’s remember
the Democrats don’t want to be seen as obstructionists
on a nominee that just simply hasn’t given them
any ammunition. Sure, there are little things here and
there but a lack of a paper trail is really helping the
republicans now. They hope it won’t burn them later.
Remember, David Souter had a lack of a paper trail and
now he is siding with the liberal wing of the court. Democrats
are probably holding their fire for the next Supreme Court
pick. They are hoping, praying, banking that Bush will
go the moderate route but if he doesn’t, that’s
when you can really expect a bigger fight. If Bush goes
with a hard line conservative again, then the court really
will shift even more to the right.
I’m taking a trip this week down to the Deep South
to interview Senator Jeff Sessions (R-AL) and retired
Judge Charles Pickering. Senator Sessions will be a key
player in the upcoming hearing in the John Roberts confirmation
hearing. He’s a member of the Senate Judiciary Committee.
I’m doing a story that will air the last week of
August on how both democrats and republicans are preparing
for the hearings. Even though you don’t see any
movement on any of this now, believe me, behind the scenes,
senators and staff are working hard on both sides to try
and figure out just what the exact line of questioning
will be at Roberts hearing. As for Pickering, he’s
writing a book about the judicial confirmation process.
I’ll be asking him about that as well as any advice
he has for Roberts since he’s going to be grilled
by Senate democrats on certain issues and cases.
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