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Bench Memos

NRO’s home for judicial news and analysis.

Questions for Roberts



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Both Walter Dellinger, in today’s Washington Post, and Vikram David Amar, in today’s New York Times, argue essentially as I have done here at Bench Memos (and as Ramesh Ponnuru argues in the latest NR), that Judge Roberts can properly be asked all sorts of questions about his views of past cases, even if the same issues might predictably come before the Court again. Dellinger and Amar may have ulterior motives, thinking that Roberts can be defeated if his views seem (from where they sit) “extremist.” But their arguments are worth reading, and I’ll place my bet that a forthright and cogent constitutionalist can get through the process, even with a hostile Arlen Specter in the chair.



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