I’ll let Gerry handle your question about examples. Let me put in my own answer to the question: “[I]f Roberts used the canon of judicial ethics or impartiality as bases for refusing numerous Schumer-like questions, as I expect he will, would Gerry et al. continue to support his nomination or not?” My own answer would be: certainly. Let’s say Bush had nominated Robert Alt. (Now there’s an idea. . .) And let’s say, as long as I’m dreaming, that I’m a senator. I’ve asked Alt questions that he sincerely believes that he cannot in good conscience answer. His position is not a crazy one. People of good will and (generally!) sound mind can hold it. I disagree with his conclusion, and would probably say so as a senator. But that disagreement would not keep me from concluding that Alt’s confirmation would almost certainly improve the Supreme Court and, therefore, from voting for it.

About the Author
Ramesh Ponnuru is the editor of National Review, a columnist for the Washington Post, and a fellow at the American Enterprise Institute.
Advertisement
Advertisement





Comments