Supreme Court Disrespectful of Congress, Senator [View All]

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Supreme Court Disrespectful of Congress, Senator Tells Roberts in Pre-Hearing Letter

Supreme Court nominee John Roberts was told by the Senate Judiciary Committee's Republican chairman Monday that lawmakers are irate about the court's "disrespectful statements about Congress' competence" and by its interference with congressional power. Sen. Arlen Specter, R-Pa., advised Roberts in a letter that he would question the nominee on his thoughts about the court's attitude toward Congress and on two cases in which the court limited Congress' lawmaking ability.

Lawmakers have little control over what the Supreme Court does beyond the setting of the court's budget, the confirmation of new justices and the impeachment of justices and judges for wrongdoing. That leaves Roberts' confirmation hearings as a rare opportunity for court criticism when lawmakers know justices and prospective justices are listening. Specter called the limiting of Congress' authority "the hallmark agenda of the judicial activism of the Rehnquist Court."

"I do see a great deal of popular and congressional dissatisfaction with the judicial activism; and at the minimum, the Senate's determination to confirm new justices who will respect Congress' constitutional role," Specter said. Republicans are hoping for smooth hearings followed by a quick confirmation vote on Roberts. Though Specter didn't criticize Roberts specifically, his comments introduced a new element into the discussion.

Democrats pointed to Specter's letter as an indication that they, too, should be able to ask Roberts about specific legal cases at his Sept. 6 confirmation hearing. Roberts' supporters have argued that the high court nominee shouldn't be forced to talk about individual cases and what he thinks about the issues involved. Said Sen. Charles Schumer, D-N.Y.: "Senator Specter's questions aren't exactly identical to the 80-plus that I've asked of Judge Roberts, but the spirit of asking them and the need for a response is the same."

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