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View Diary: SCOTUS: Actually, We've Already Won (350 comments)

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  •  SocGen record of limited value (none)
    During the Bork process, as the Senate Judiciary Committee report stated, "Supporters of Judge Bork's confirmation have argued frequently that his record as Solicitor General supports the claim that he favors minority and female rights."  But as Bork himself testified in his confirmation hearings for SocGen, "I view it as a post of being the attorney for the Government... I will enforce the policy of the Government... as the Government defines it.  I do not define it." [In response to a question from Sen. Hart as to "What if the Government takes a position... that you think is wrong and have said in the past is wrong, what will you do?"]

    The pro-choice groups are going to do what they want to do, but for Democratic Senators, attacking the positions in Roberts' briefs -- as opposed to trying to probe his own thinking and how it did or didn't affect the way positions were stated in the briefs -- is mostly counterproductive and a waste of time.

    Pursuing the Ackerman test is the only promising way to get at a qualified nominee with a thin record of statements of clearly personal views.

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