Evaluating the New Justices in Light of the Confirmation Ordeal

Abstract

As you can see, David is fascinated by the confirmation process. It's a common reaction by those of us who had to sit through two of them in four months, gavel-to-gavel. But I did take Professor Kmiec's memo to me to heart. He asked me to talk about the senators' questions and media coverage. Now, I'd really like to say that when I got that memo, I immediately came up with at least ten tremendous insights. What really came to mind was this contest that I saw on a blog right before the Roberts hearing asking for submission of the dumbest thing said or the dumbest question asked by a senator. The blog was overwhelmed by submissions, and I'm sure you want to know who at least one of the winners was. I'm going to be charitable and not reveal his identity . . . but what the heck. You've been here all afternoon, right? So I'll share it with you. It was Senator Tom Coburn of Oklahoma who said to Roberts, "I am using my observational capabilities as a physician to know that your answers have been honest and forthright, as I watched the rest of your body respond to the stress that you're under."