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GOP Senators Advised How to Question Nominee Roberts

by Ed Thomas
July 28, 2005
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(AgapePress) - Since President Bush named Judge John Roberts as his Supreme Court nominee last week, much speculation has emerged as to the questions Democrats and liberals will ask him during the expected confirmation hearings. But the founder of Eagle Forum is offering advice for Republicans and conservatives on questions they can ask in hopes of avoiding the later surprise stances of the 1980s-era Republican high court nominees.

Democratic leaders on the Senate Judiciary Committee have been given considerable coverage in the news recently as they discuss possible avenues of questioning they plan to pursue when John Roberts appears before them during his confirmation hearings. Prominent among the topics they will likely pursue are abortion rights, Roberts' stance on Roe v. Wade, and the role of the judge's faith in his judicial decisions.

 
Phyllis Schlafly
While conservatives contend such inquiries would amount to a Democratic "litmus test" on Roberts' suitability for the high court, Eagle Forum's Phyllis Schlafly suggests a line of questioning that could allay concerns about the nominee's long-term commitment to remaining a strict constitutional constructionist -- and refraining from judicial activism.

The Christian activist and constitutional lawyer says Republicans should not ask Roberts how he would decide a case, but rather probe into his legal philosophy. That is, ask Roberts if he believes in enforcing the Constitution the way it was written -- or the way he wishes it had been written.

"And that is kind of a crucial thing," Schlafly adds. "We've had these liberal judges who want to tell us we have a living and evolving Constitution and [that] we need to deal with emerging sexual awareness and foreign [court] decisions and so forth. Those are all appropriate questions to ask -- and I hope they do."

The Eagle Forum founder says though little is really known about Roberts, his record seems to be respected by people of all political persuasions -- and she says she has heard nothing bad about him. Still, she says if the questioning of Roberts gets "out of hand" or if the Democrats appear to be stalling just for the sake of delay, Republicans in the Senate should use their majority to move the matter to an up-or-down vote.


Ed Thomas, a regular contributor to AgapePress, is a reporter for American Family Radio News, which can be heard online.

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