Program host Gwen Ifill opens a special episode of "Washington Week" -- the Senate Judiciary Committee review of Supreme Court nominee John Roberts. Composite footage (unclean) with title: various clips of Senate Judiciary Committee members and John Roberts during opening statements.
Show host Gwen Ifill in television studio, introducing "Washington Week" coverage of the Senate Judiciary Committee hearings for Supreme Court nominee John Roberts.
U.S. Senate Judiciary Committee hearing for Supreme Court Chief Justice nominee John Roberts. U.S. Senator Charles Schumer (D-NY): “Why this room should be some kind of cone of silence is beyond me. The door outside this room doesn't say 'check your views at the door.' So, your failure to answer questions is confounding me. You've done it instance after instance, after instance, after instance. What is the difference between giving your views here in this hearing room and what judges do every day, what professors do every day, what lawyers do every day. In each case, they have to state their opinion, they have to do it as part of their job, if you will-- writing a brief, rendering an opinion, writing an article. In each case they're stating their views which might bias them. You've done it. Yet only here you can't state your views.” U.S. Senator Joseph Biden (D-DE): “It is kind of interesting this kabuki dance we have in these hearings here, as if the public doesn't have the right to know what you think about fundamental issues facing them. The idea that the founders sat there and said, 'Look, here's what we're going to do, we're going to require the two elected branches to answer questions to the public with no presumption that they should have the job as Senator, President or Congressman. But guess what, we're going to have a third co-equal branch of government that gets to be there for life, never ever again to be able to be asked a question they don't want to answer. And you know what? He doesn't have to tell us anything.' It's ok, as long as he, as you are decent, bright, honorable man. That's all we need to know.” U.S. Supreme Court Chief Justice Nominee John Roberts: “I'm not standing for election, and it is contrary to the role of judges in our society to say that this judge should go on the bench because these are his or her positions and those are the positions their going to apply. Judges go on the bench and they apply and decide cases according to the judicial process, not on the basis of promises made earlier to get elected or promises made earlier to get confirmed. That's inconsistent with the independence and integrity of the Supreme Court.” Senator Biden: “No one's asking for a promise.”
Show host Gwen Ifill asks her guests what Democratic Senators are asking of U.S. Supreme Court Chief Justice nominee John Roberts. Joan Biskupic of USA Today discusses how Democrats are frustrated by the lack of direct answers from Roberts. Discussion on how Roberts is taking control of the hearings. Ifill brings up Roberts’ claim that he is maintaining the Stare Decisis (Precedent) of previous Senate Judiciary Committee hearings. Michael Duffy discusses what Roberts’ job as Chief Justice of U.S. Supreme Court will be like and what that means for Roberts’ conduct in the hearings. Discussion of Roberts sharing his views and opinions on issues that have already been settled in the Supreme Court but choosing not to share his views on issues that may come before him on the Court.
Joan Biskupic of USA Today discusses answers given by U.S. Supreme Court Chief Justice nominee John Roberts to questions posed to him by the Senate Judiciary Committee. Discussion of Roberts’ interactions with Senator Ted Kennedy during the hearings. Mentions of Roberts’ statements regarding immigration, affirmative action, and the rights of homosexual citizens. Brief discussion of what Roberts’ strategy is for the hearings.
Show host Gwen Ifill introduces the topic of the conservative beliefs of U.S. Supreme Court Chief Justice nominee John Roberts.
Senate Judiciary Committee hearings for U.S. Supreme Court Chief Justice nominee John Roberts. U.S. Senator Tom Coburn (R-OK): “We had today a judge in California say you can't say 'under God' in the pledge. The abortion issue we've talked about; homosexual marriage we've talked about. The fact that the judges has said online pornography is fine, regardless of what the Congress has said, parents who know that their twelve-year-old daughter can be given oral contraceptive without their permission, and IUD in many places without their permission, but they can't be given an aspirin. These very crucial issues, not to say they're right or wrong, but how we got to the decision is causing some Americans to lose confidence.”
Show host Gwen Ifill introduces clip highlighting the response by U.S. Supreme Court Chief Justice nominee John Roberts to being questioned about the issue of uninsured Americans.
Senate Judiciary Committee hearings for U.S. Supreme Court Justice nominee John Roberts. U.S. Senator Dick Durbin (D-IL): “Whether we're talking about millions of uninsured people or millions of Hispanic children, I would think that it would be a basic value you'd say this is good for America. For people to have insurance and it's bad for them to be denied, it is good for America to see children with education rather than to see them in the streets ignorant, it seems so fundamental.” Judge John Roberts: “Senator, I don't think you want judges who will decide cases before them under the law on what they think is good, simply good policy for America, there are legal questions there. I'm sure I could go down my list of clients and find clients that you would say that's the right side, that's the cause of justice. And there are others with whom you disagree. My point is simply this, that in representing clients in serving as a lawyer, it's not my job to decide whether that's a good idea or a bad idea. The job of the lawyer is to articulate the legal arguments on behalf of the client.” Sen. Durbin: “Just trying to get to the bottom line about your values.”
Show host Gwen Ifill opens discussion of the Senate Judiciary Committee's difficulty in getting U.S. Supreme Court Chief Justice nominee John Roberts to openly affirm his beliefs as an individual. Joan Biskupic of USA Today discusses what the nine U.S. Supreme Court Justices bring to the court regarding their religions, beliefs, values, upbringing, etc. Biskupic discusses Senators in the committee lobbying Roberts on the legislative goals through their questioning of him. Michael Duffy of Time Magazine discusses the Judiciary Committee’s difficulty in questioning Roberts on the law.
Host Gwen Ifill asks her guests if any Supreme Court nominee has been held responsible for what they said during the nomination hearings after they took the bench. Joan Biskupic of USA Today points out that U.S. Supreme Court judges are appointed for life. Mentions of Supreme Court Justices Clarence Thomas and Antonin Scalia. Discussion of Supreme Court Chief Justice nominee John Roberts’ political view and refusal to confirm whether he is a conservative or a liberal. Michael Duffy of Time Magazine discusses Roberts' attitude during the hearings. Ifill brings into discussion Republican Senators handling of Roberts during the hearings. Biskupic discusses Roberts' handling of questions from Republican Senators and Roberts affirming his pride in working for former President Ronald Reagan.
Show host Gwen Ifill introduces more footage from the Senate hearings for U.S. Supreme Court Chief Justice nominee John Roberts.
Senate Judiciary hearings for U.S. Supreme Court Chief Justice nominee John Roberts. Judge John Roberts: “Well, if I am confirmed, I think one of the things that a Chief Justice should have is a top priority is to try to bring about a greater degree of coherence and consensus in the opinions of the court. I know that was a priority of the last Chief Justice. I actually believe that is something that should be a matter of concern for all of the justices, but as the Chief with the responsibility of assigning opinions I think he has a greater scope for authority to exercise in that area and perhaps over time can develop greater persuasive authority to make the point and again. Coming from the Chief it may be a point that other Justices would receive, be more receptive t,o than they might coming from one of their colleagues; that we're not benefited by having six different opinions in a case; that we do need to take a step and think whether or not we do feel strongly about a point which a Justice is writing a separate concurrence which only he or she is joining or whether the majority opinion could be revised in a way that wouldn't effect anyone’s commitment or to the Judicial oath to decide the cases as they see fit, but would allow more Justices to join the majority. So, the Court speaks as a court. That is something that the priority should be to speak as a court.”
Show host Gwen Ifill brings to discussion U.S. Supreme Court Justice nominee John Roberts wanting to bring more consensus to the decisions of the Supreme Court. Joan Biskupic of USA Today discusses the difficulty of bringing consensus to Supreme Court decisions. Discussion of the influence of separate concurring opinions on the law. Ifill brings into discussion John Roberts’ ability to exercise persuasion over the other justices. Michael Duffy of Time Magazine mentions the “Ten Commandments” cases in the Supreme Court and the difficulty of the Supreme Court to reach an opinion. Discussion of John Roberts being someone that tries to create consensus.
Joan Biskupic of USA Today discusses how the other U.S. Supreme Court Justices will interact with Chief Justice nominee John Roberts. Discussion of how the other Justices might be watching and reacting to Roberts conduct in the hearings. Michael Duffy of Time Magazine discusses how John Roberts will affect the kind of nominees chosen for future Supreme Court Justice nominations.
Show host Gwen Ifill introduces more footage from the Senate hearings for U.S. Supreme Court Chief Justice nominee John Roberts.
Senate Judiciary hearings for U.S. Supreme Court Chief Justice nominee John Roberts. Senate Judiciary Committee Chairman, Senator Arlen Specter (R-PA): “I take umbrage at what the Court has said and so do my colleagues. There is a method of reasoning which changes when you move across the grain from the Senate columns to the Supreme Court columns, and we do our homework, evidenced by what's going on in this hearing, and we don't like being treated like school children, requiring as Justice Scalia says 'a taskmaster.' Will you do better on this subject Judge Roberts?” John Roberts: “Well, I don't think the Court should be a taskmaster of Congress. I think the Constitution is the Court's taskmaster and it's Congress' taskmaster as well, and we each have responsibilities under the constitution and I appreciate very much the differences in institutional competence between the Judiciary and the Congress when it comes to the basic questions of fact finding, development of a record, and also the authority to make the policy decisions about how to act on the basis of a particular record. It's not just disagreement over a record, it's a question of whose job it is to make a determination based on the record.”
Show host Gwen Ifill introduces discussion topic of the relationship between Congress and the U.S. Supreme Court. Joan Biskupic of USA Today discusses Supreme Court decisions within the past decade that have struck down acts of Congress. Discussion of a “tug-of-war” going on between Congress and the Supreme Court. Michael Duffy of Time Magazine discusses how those in Congress try to frame the intent of their legislation for the Supreme Court.
Show host Gwen Ifill asks what can be expected in the following days of the Senate hearings for Supreme Court Chief Justice nominee. Joan Biskupic of USA Today discusses the opposition that may be heard from women’s rights groups and civil rights organizations. Michael Duffy of Time Magazine discusses the further questioning of John Roberts and his values. Mentions of abortions and homosexuality.
Show host Gwen Ifill closes show. End credits.