To opine, or not to opine

Andrew McCarthy says the Senators should ask John Roberts everything they want to, but that he shouldn't answer all of them. The argument is that trying to pin down a nominee on how he/she would rule on a specific issue would intrude upon the independence of the judiciary. I doubt that it would. If I were a nominee, I'd just say, "There are two sides and state the issues on both sides. If they continued to press, I'd tell them to brief the matter for me, and when I had an actual case before me I'd consider it.

The worst feeling for an attorney is when you realize that the judge presiding over your case decides that this case is just like another one he's heard. You can tell his mind is made up because he starts granting objections and telling you "I don't want to get into that."

If Roberts wants to really give Ted Kennedy's blood pressure a boost, he should read and stand by this article on judicial restraint from 1982.