Monday, September 26, 2005

About Judge John Roberts on Trial

NYRB:I believe [John Roberts]he was wrong to refuse to answer these specific questions. ...... He will have to consider arguments in specific cases before making a decision, and he will join a Court most of whose other members have publicly stated their opinions on many of the issues that will come before them without raising any question of fairness to future litigants, who must often argue knowing that certain justices are disposed to vote against them. His argument, moreover, wholly neglects a very powerful contrary consideration: that according to any plausible view of democracy the public has a right to know his views on matters affecting their fundamental rights in some detail before their representatives award him lifetime power over those rights.

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