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Leahy, Cornyn Agree: Judicial Nominees Should Not Prejudge Cases
During a media avail today following his meeting with Judge Roberts, U.S. Sen. Patrick Leahy (D-Vt.) made an important concession: He said that to get his vote, a nominee should not prejudge issues that might come before the Supreme Court. This stands in marked contrast to comments by some of his fellow Democrats who have demanded that Judge Roberts commit to ruling in a certain way in abortion and other types of cases before they will vote to confirm him. Sen. Leahy said: "And before I'll vote for anybody as judge, I have basically one touchstone. I ask myself, if I was a litigant before that court, no matter what my color, no matter what my station in life, no matter what the issue, can I look at this judge and think, 'If I make the right argument, a strong enough argument, I can be heard?' Or do I look at this judge and say, 'The decision's made before I even get there.' If it's the latter, I will not vote for the person, no matter who it is. If it's the former, and the person's otherwise qualified, then they get my vote."Though his colleagues and liberal interest groups want Judge Roberts to pledge to the committee to rule their way on abortion and other issues, it is encouraging to hear the committee's senior Democrat agree with Sen. Cornyn and others who have said that nominees should remain independent and impartial--and decide each case based on its merits, not based on promises made to politicians.