The rules of the game

The Senate Judiciary Committee has voted 13-5 in favor of recommending the confirmation of Judge Roberts. The vote among Demoratic members was three in favor (Leahy, Kohl, and Feingold) and five against (Biden, Kennedy, Schumer, Feinstein, and Durbin). The Democratic “no” vote on the 18 member Committee exceeds the number of Republican votes, Senate-wide, against Justice Ginsburg.
A majority of the Committee’s Dems now has effectively endorsed the notion that it is proper for a Senator to vote against a supremely qualified conservative nominee, who receives top marks from the ABA and is backed by such liberal organs as the Washington Post and Los Angeles Times, unless the nominee promises to decide issues the way the Senator desires. If a majority of Democrats vote that way on the Senate floor, then it seems to me that Republicans will have the right to apply this same concept when Democratic presidents nominate liberal judges in the future.


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