ConfirmThem

By Marshall Manson Posted in Roberts — Comments () / Email this page » / Leave a comment »

In the ever-growing list of red herring attacks on John Roberts, few have been more obscenely irresponsible and shameful than Senator Schumer’s implication that the Judge committed an ethical breech by participating in the military tribunals case while the White House was considering him for elevation.

Questioning the ethics of a sitting federal judge is a serious matter. In this case, Schumer and Feingold, both lawyers, should know better. Of course Judge Roberts didn’t commit an ethical violation. There was no vacancy on the High Court at the time he was meeting with the White House, and he was aware that he was one of several candidates being vetted. Indeed, Justice Breyer, in a very similar circumstance before his nomination to the High Court, didn’t recuse and no one dreamed of making an issue of it. Practically, if a judge on the D.C. Circuit had to recuse from any case involving the government anytime he or she chatted with someone from the executive branch, there wouldn’t be a single judge available.

Short of calling his honesty into question (which the Left will doubtless do shortly), it’s hard to imagine a more personal and insulting attack then questioning Judge Roberts’ ethics.

A sitting federal judge should be treated with respect. And the Senate’s confirmation process for a nominee to the Supreme Court should be civil and courteous. Making gratuitous and frivolous charges about the nominee’s ethics is neither respectful nor courteous.

And so, yet again, the Left and its puppets in the Senate demonstrate that they will stoop to any level, no matter how pathetic, to smear Judge Roberts.

Get ready. It’s only going to get worse when the hearing starts.