Questioning a Court Nominee

NYT reports Democrats called for a deliberate review of any nominee and pledged to press the eventual candidate on issues including abortion and same-sex marriage, while Republicans declared that such specific inquiries were out of line. "All questions are legitimate," Senator Charles E. Schumer of New York, a Democratic member of the Judiciary Committee, said in an interview. "What is your view on Roe v. Wade? What is your view on gay marriage? They are going to try to get away with the idea that we're not going to know their views. But that's not going to work this time." But Senator Jeff Sessions, an Alabama Republican who sits on the Judiciary Committee as well, said the push for such detailed positions was highly objectionable and suggested that Democrats might be forming a strategy of trying to derail a nomination on the ground of withholding information.

As we discussed earlier both Ginsburg and Breyer were nominated and confirmed at a time (1993-1994) in which the president's party -- Democrats -- also controlled the Senate. And both were given relatively easy passage through the Senate because the minority party -- Republicans -- cooperated with Democrats to ensure a quick confirmation. Ginsburg was nominated on June 14, 1993 and confirmed by the Senate on August 3, 1993. Breyer was nominated on May 13, 1994 and confirmed on July 29, 1994.

They moved with such speed because Republicans, in particular Sen. Orrin Hatch, the ranking GOP member on the Senate Judiciary Committee at the time, declined to challenge their records. Ginsburg, in particular, received something of a bye from Republicans despite her former position as general counsel of the American Civil Liberties Union; had they chosen to, Republicans could have hung every extreme ACLU position around Ginsburg's neck. Instead, "Sen. Hatch put an orderly and fair process above scoring political points," says one high-ranking staffer involved at the time. "It ensured that the Senate's conduct of the hearings was constructive rather than divisive."

The difference between the way Republicans behaved then, and the way Democrats are behaving now, is almost as stark as the difference between Good and Evil