The vote by the Democrats was split 22-22 with self defined independant James Jeffords voting in favor of Judge Roberts.
This split amoung the Democrats shows that half of them are able to put aside partisan political issues and vote for a good, well qualified appointee if it is for the good of the United States. As for the other 22 political hacks - they have made it clear over the last 5 years that doing what is right and best for our country will always take a backseat to their own party agenda and their own desire for authority.
I keep thinking back to the confirmation of Justice Ginsburg in 1993. Justice Ginsburg, a known liberal judge did not answer some questions involving matters such as abortion, gay rights, separation of church and state, rights of the disabled that were asked during her confirmation hearings. None the less, she was confirmed by a 96-3 vote.
So why would a known liberal who had not answered direct questions about her beliefs get so many Republican votes? According to Reid Cox in a September 16, 2005 post on Confirm Them
Democrats/Left believe that judges base their decisions on their personal beliefs and values, and that judges should do this. Given this belief, the Democrats/Left will vote for nominees that agree with them politically, while voting against nominees that disagree with them politically. After all, if a judge’s personal and political beliefs matter — since the Democrats/Left believe that the judiciary should decide cases based on whatever is the preferred political policy — then why vote for someone who disagrees with the way you see the world and the way you want the world to be run?
The Republicans/Right, on the other hand, believe that judges should (and, at least good judges, presumably do) remove themselves and their personal beliefs from the judicial process and focus only on the law. The Republicans/Rights believe this way because they think that the law is legitimate and just if it derives from the consent of the governed.
So we have found half the Democrats who are willing to believe that a Judge can rule based on law and not personal opinion. It's the other 22 political sellouts we need to worry about for the next confirmation.
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