Roberts hearings begin

As the U.S. Senate opened hearings for the nomination of John G. Roberts Jr. to be the chief justice of the U.S. Supreme Court today, the Democrats, who promised more grilling than a Labor Day picnic, seem to have started with a whimper. Perhaps they will gain momentum as the hearings continue; perhaps they will save their bombs for the hearings for the replacement of Sandra Day O'Connor, which will come later.

As Battlefield Shrinks, Democrats Mute Their Attacks

By Dan Balz

Washington Post Staff Writer
Tuesday, September 13, 2005; Page A07

The first day of confirmation hearings for Judge John G. Roberts Jr. to become the 17th chief justice of the United States proved to be a tepid opening to what once was billed as a battle of monumental proportions between left and right.

There may yet be some of the fireworks that were predicted when the first of two Supreme Court vacancies opened up two months ago -- particularly this morning, when members of the Senate Judiciary Committee begin to question Roberts. But with Roberts's confirmation seemingly assured, some of the fight appears to have gone out of the Democrats and they have been forced to shift their strategy.

Some conventional wisdom says that since Roberts' nomination is now for William Rehnquist's seat -- a conservative being replaced by a conservative -- it would seem fruitless for a Democratic minority to try to oppose the nomination without some substantial evidence of a compelling reason why Roberts should not be seated on the court.

Replacing O'Connor, on the other hand, means a shift. While she was generally conservative, O'Connor also could be counted on to move toward the center or to cobble together a majority of justices for varied reasons. Democrats likely will fight harder to ensure that O'Connor is replaced with someone who is not more conservative than she was. Meanwhile, O'Connor remains on the court until her successor is confirmed. That creates the situation where she will participate in selecting cases and hearing oral arguments but will probably vote or not write opinions because of the passage of time between arguments and decisions.

The Senate Judiciary Committee has a full calendar ahead of it. Chairman Arlen Specter of Pennsylvania is no Bush loyalist, and he has spoken harshly about the Supreme Court's move in recent years to undermine the will of Congress. In his recent book, he asked who the hell they thought they were. Roberts will get no free pass from Specter and the Senators.

-- Wenatchee, Wash.