Thursday, September 15, 2005
I share Professor Berman's disappointment in the failure of any of the senators on the Judiciary Committee to ask substantial and meaningful questions about criminal law of Chief Justice nominee John Roberts. As Prof. Berman points out, criminal cases make up almost half of the Supreme Court's docket, and Roberts has virtually no paper trail in the area of criminal law. Given that at least half (more if you count the 2nd Amendment) of the Bill of Rights relates to criminal justice issues, and the criminal justice system implicates life, death, and freedom, I was hoping some of the Senators would think it was important to see how Judge Roberts thinks about these issues. I guess not.
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