Questions For and About Roberts

While it is probably wishful thinking on their part, several organizations have forwarded proposed questions to members of the Senate Judiciary Committee for them to put to John Roberts.

Here are the links to questions these groups would like Roberts to answer:People for the American Way - They only utilized questions that other Supreme Court nominees have answered in the past. Sample:

What is your view of the incorporation doctrine applying the Bill of Rights to state governments? (Justice Souter answered this question.)

National Employment Lawyers Association - Contains virtually every question that those of us practicing employment law would love to get an answer to. Sample:

How do you reconcile the Seventh Amendment right to a jury trial with federal courts? enforcement of employers? pre-dispute arbitration clauses that employees are required to sign as a condition of employment?

National Partnership for Women and Families - This is really more along the lines of questions about Roberts than questions to be put to him. Sample:

In criticizing two proposed Department of Justice (DOJ) settlement letters in October 1981, Roberts asserted that proof of discrimination is not enough to establish a violation under Title VII, the main federal employment discrimination law. Under his rationale, an employer could have a ?no African Americans? or, presumably, a ?no women? hiring policy without running afoul of the law. He argued that a violation would occur only if a person proved that he or she was ?more qualified? than the person hired, even if such qualifications were never considered in the hiring process.

Public Advocate - A really, really, really conservative political action group that is actually opposing the White House and Roberts b/c he is not nearly conservative enough for this group. (To give you an idea about their brand of conservatism, they oppose all hate crime legislation, which they term "Thought Control" legislation and have filed amicus briefs with the Supreme Court seeking to have state and local gay anti-discrimination laws declared unconstitutional "because they would violate teachings in the Bible.") Sample:

Judge Roberts helped the radical homosexual lobby win the case that lead to conservative activists and scholars alike to call for the impeachment of the six Supreme Court Justices who voted to overturn the pro-family Colorado law in 1996.

**As an aside, I noted Public Advocate's Online Poll in which they asked their members who the President should have nominated. Top two vote getters: Robert Bork followed by Dan Quayle in a close second. (I'm not making this stuff up folks!)So, do we think we will get answers to any of the excellent questions posed by any of these groups. In a word....

No. With the Democratic Party busy changing their mascot from the donkey to the jellyfish and with this administration's magical power of never being answerable for anything...ever, it is very unlikely that Roberts will feel the need to give any senator on the judiciary committee a substantive answer to any questions beyond the level of "What is your favorite color?". Oddly enough, "Don't say anything!" was exactly the advise given by John Roberts to nominee Sandra Day O'Connor back in 1981 when he was a senior aide to the attorney general helping prepare her for her confirmation hearings. Here is the Washington Post story.Sexual Harassment, Pregnancy Discrimination, Age Discrimination, San Antonio, Employment Lawyer