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Such a way as to recognize the difference between fighting crime and fighting a war. so you in my view have a potential teaching opportunity, even though you ve never been a judge, because you ve represented this country as solicitor general at a time of war. the one thing i can say without certainty is i don t expect your nomination to change the balance of power. after this hearing is over, i hope the american people will understand electricals do matter. what did i expect from president obama? just about what i m getting. and there are a lot of people who are surprised. well, you shouldn t have been. if you were listening. so i look forward to trying to better understand how you will be able to take political activism, association with liberal causes, and park it when it becomes time to be a judge. that to me is your challenge. i think most people will consider you qualified ....
Because you ve done a lot in your life worthy of praise. but it will be incumbent upon you to convince me and others, particularly your fellow citizens, that whatever activities you ve engaged in politically and whatever advice you ve given to president clinton or justice marshall, that you understand that you will be your own person, that you ll be standing in different shoes, where it will be your decision to make, not trying to channel what they thought. and if at the end of the day you think more like justice marshall, than justice rehnquist, so be it. the question is, can you make sure that you re not channeling your political agenda, your political leanings, when it comes time to render decisions. at the end of the day, i think the qualification test will be met. whether or not activism can depart is up to you. and i look at this confirmation process as a way to recognize that ....
Biden, then chairman, and myself, expressing concerns that one day the committee would get up on its hind legs and reject a nominee who refused to answer questions for that reason alone. so this is a unique hearing in that respect. the court regrettably i think has become an ideological battle growrntiond and the activism is on both sides. as a prosecutor in the 1960s, i watched the constitution change virtually daily, search and seizure map, 1961, right to counsel, giddon versus wanerieght, 1963, miranda, 1966 myrrh and yarks 1966, acti vich. we have the supreme court now having adopted a test of determining ....
Interesting spend unlimited amounts of money in elections. justice paul stevens wrote in the dissent. essentially five justices were unhappy with the limited nature of the case before us so they changed the case to give themselves the opportunity to change the law. if that isn t judicious activism, what is? it was espoused and sponsored by men who stood before us under oath and swore they would never engage in judicious activism. that is the reality. there is something that occurred today that has come as some of what a surprise to me. on at least three or four occasions i have been disappointed by republican colleagues warning us that you might follow in the tradition of justice thurgood marshall. well, you deserve to be judged on your own merits, not on the bay siflts strength and weakness ....
Becoming a supreme court nominee. example, chief justice roberts worked for ronald reagan, for example, but he said there s a difference here and the difference is she was actually involved in domestic policy advocacy, and there, you get into issues like partial birth abortion, and he said specifically that she was the one who convinced clinton to veto such ban on partial birth abortion in this country. he didn t mention it but suggested, again, if you look back at that history with paula jones case, white water case, he has her hands in all those, so he s saying it may be the case that your activism as a political player in washington will now extend to who you become on the supreme court and we want to look into that. that s the whole bailiwick that potentially i don t know if it s explosive, but i think it would be revealing and for her it may be unpleasant. steve, we heard a lot about the resume and the lack of being a judge on a federal, state, trial or appellate court at all, ....