Thursday, March 24, 2016

Chief Justice Roberts scolded senators about confirmation process -- 10 days before Scalia died.

It was the first week in February.  Chief Justice John Roberts was speaking at a private law school in Boston -- and Justice Antonin Scalia was alive and well, perhaps thinking about his upcoming trip to a private resort ranch in Texas -- where, about 10 days later, he died in his sleep.

Roberts was already concerned about the increasingly polarized nature of the senate confirmation process for federal judges.    In his speech, he said the senate's role is to ensure that nominees are qualified and to leave politics out of it.   He also raised another concern:   that ugly confirmation fights damage the Court's legitimacy and authority.

Some law professors are calling for Justice Roberts to speak again and more directly to the current crisis resulting from Justice Scalia's death.  NYU law professor Barry Friedman said that "It's the chief justice's job to guard the institutional integrity of the court."   Others have suggested that refusing even a hearing elevates political considerations over the rule of law.

It's your move, Chief Justice.   We know, from some of your actions, how much you care about the reputation of the Court.
 
Ralph

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