Sen. Kennedy Blasts Justices Roberts and Alito
Today, the Washington Post ran a scathing opinion piece by Sen. Edward Kennedy directed at Supreme Court Justices John Roberts and Samuel Alito. The senator argues that, during their confirmation hearings, the newest justices sought to hide their ideological agenda on issues such as Executive power, civil rights, voting rights, criminal procedure, and the environment. He notes that Roberts and Alito vote together 91% of the time, more than any two justices. Here's a short excerpt:
Now that the votes are in from their first term, we can see plainly the agenda that Roberts and Alito sought to conceal from the committee. Our new justices consistently voted to erode civil liberties, decrease the rights of minorities and limit environmental protections. At the same time, they voted to expand the power of the president, reduce restrictions on abusive police tactics and approve federal intrusion into issues traditionally governed by state law.
The confirmation process became broken because the Bush administration learned the wrong lesson from the failed Bork nomination and decided it could still nominate extremists as long as their views were hidden. To that end, it insisted that the Senate confine its inquiry largely to its nominees' personal qualities.
The administration's tactics succeeded in turning the confirmation hearings for Roberts and Alito into a sham. Many Republican senators used their time to praise, rather than probe, the nominees. Coached by the administration, the nominees declined to answer critical questions. When pressed on issues such as civil rights and executive power, Roberts and Alito responded with earnest assurances that they would not bring an ideological agenda to the bench.