September 15, 2005

After three days of testimony, the one thing I can safely conclude about John Roberts is that he's one hell of a lawyer. Slick, evasive, brilliant, mendacious, smooth as silk; he's Thomas Dewey without the moustache. Trying to get him to answer a question truthfully is like attempting to crack someone's skull open with a pillow, yet I doubt anyone could point to a single false statement he made this week.

I'm skeptical there'll be any public groundswell demanding that Roberts' confirmation sail through the Senate. If he doesn't want to give a straight answer to questions, or if he continues to assert whatever lame-ass privilege he's using to hide his records from his time at the Solicitor General's office, then filibuster him.

That would accomplish several things: it would be a symbolic sign of defiance aimed at our lame duck President, at a time when public contempt for Bush is at a level not seen since the final days of Nixon; it would signal that every nominee will have to face a battle, and a more conservative appointee will be on notice for next time(and Roberts' deceptiveness aside, his public record indicates he's a bit closer to the center than the person he's succeeding; at a time in his career when Rehnquist was trying to intimidate black voters into forgoing their franchise, Roberts was working behind the scenes to overturn anti-gay legislation); and it will allow swing-state and Red State Democrats in the Senate the chance to publicly distance themselves from the progressive wing by voting against the filibuster. It's a no-lose situation.

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