Live Blogging from Supreme Court Watch:
"A second Repubican senator, Orrin Hatch of Utah (defying conventional political tie conventional wisdom in a very nice gold striped number), seems to be trying to lay the groundwork that it’s okay for Judge Roberts not to answer questions he find uncomfortable. Hatch tried to bring up a Harding nomination from years ago, citing a same-day nomination and confirmation as some kind of gold standard."
Senator Hatch himself in 1997 said:
"The Senate can and should do what it can to ascertain the jurisprudential views a nominee will bring to the bench in order to prevent the confirmation of those who are likely to be judicial activists. Determining which will become activists is not easy since many of President Clinton's nominees tend to have limited paper trails... Determining which of President Clinton's nominees will become activists is complicated and it will require the Senate to be more diligent and extensive in its questioning of nominees' jurisprudential views." (Address of Senator Hatch before University of Utah Federalist Society chapter, February 18, 1997)"
