Sotomayor Dodges Questions--She Should Dodge Them All

Story in the Post this morning about how Judge Sotomayor was a bit "elusive" before the Senate Judiciary Committee yesterday (as Alito and Roberts were before her). Good. She should be elusive. In fact, she should refuse to answer any and all questions.

Here's my point. Sonia Sotomayor has a long and distinguished record as a prosecutor, federal judge, and federal appeals court judge. The Constitution gives the Senate the "advise and consent" power on nominees to the Federal bench. Just once--I'd like to see a nominee with a record like Sotomayor's say in their opening statement "I'm a good lawyer, I'm a good judge, my record speaks for itself. You have before you all you need to make your decision on my fitness to serve. I'd like to serve on the Supreme Court, in fact, it has been a dream of mine for my entire lawyerly life. But it is not so important to me that I will play the amiable dunce in your political game. I respect the Constitution and the wisdom of the framers in placing my nomination before you for your consent. That power of yours however does not levy a responsibility upon me to participate in your proceedings. I wish you great success in your proceedings however you may wish to measure it, but I shall not answer any of your questions."

Let's be honest here--Robert Bork taught us all that the way to get to the Supreme Court is to answer as few questions straight on as you can. Since his nomination, elusive and evasive answers have been the norm, and the confirmation proceedings have become like North Korean show trials. Every member of that committee already has all the information they need to support or dispute her nomination, and nothing she says is going to change that. Either you are someone who sees her vast experience on the federal bench as proof enough of her fitness to serve, or you are someone who sees that vast experience as evidence of a judicial philosophy that renders her unfit to serve. There is no other choice. The rest of this is all kabuki theater, and it is a waste of time and money.