An interesting question was raised yesterday by Sen. Arlen Specter, who chaired the confirmation hearings of Chief Justice Roberts and Justice Alito. Yesterday he called for a probe into decisions this past term that over ruled precedent.
The basis of the probe will be to see if Roberts and Alito have “lived up” to their assurances that they would respect legal precedents.
Since the judges are, of course, lifetime appointees, and there is nothing that can be done about them short of impeachment and removal, then is stands to reason that the only possible outcome of any hearings — other than seeking publicity, but politicians would never do that — is to determine if they lied during their confirmation hearings. And if so, to proceed to impeachment, since that is the only remedy available.
The reasoned claim for the hearings, by the way, is not impeachment but to help with future confirmation and candidates who aren’t candid. But that is a charade. If the Senate wanted better answers, they should ask better questions. Instead of posturing for the cameras as is all-too-often the case.
(hat tip, American Constitution Society Blog)