Bench Memos

Kelley on GOP Questioning

My colleague, William Kelley – who served as Deputy White House Counsel during the Roberts and Alito confirmations – has this op-ed in the Boston Globe, contending that “it is essential for Republicans to assert themselves” and to “insist on the time necessary to vet Sotomayor.”  Here is his conclusion:

As we hear calls in the coming weeks for deference to the president’s choice, and for the Republicans not to bother to make the case against the nomination, we should remember how the Democrats lined up against Bush’s nominees. Indeed, calls for deference should ring particularly hollow coming from this administration, since Obama and Vice President Joe Biden disregarded that factor when they both voted against Roberts and Alito, and when both went so far as to join the extraordinary attempted filibuster of Alito’s nomination.

Richard Garnett is the Paul J. Schierl Professor of Law at the University of Notre Dame.
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