by Senator Sheldon Whitehouse, (D-R.I.)
*These remarks were given by Senator Whitehouse during a Senate Judiciary Committee Nomination Hearing on November 1, 2017
Our Senate Judiciary nominations hearings, I believe, have become something of a joke. Nominees come to us readied for our hearings by "murder boards" that taught them how to withstand all five minutes of questioning by Senators. Nominees are often packed into panels, so a Senator’s five minutes get spread across multiple nominees. The questioning of nominees is often simple and rote. A fundamental premise in the proceedings is that there is inevitably “law” that can be impartially applied to “facts,” and there endeth the lesson.
The falsity of this premise can be shown in two words: Merrick Garland. If judging were all about impartial application of law to facts, why the desperate effort to stop the most qualified judge to be nominated to the Supreme Court in our lifetimes? Why does the Supreme Court majority of five Republican appointees rule so predictably on so many issues important to big Republican interests? Why did candidate Trump need to make a list of whom he’d appoint to the Court to get conservative backing? Why are gobs of political dark money spent by special interests to push for the confirmation of judicial nominees? All of this political behavior around judicial appointments belies the notion that it’s just about impartially applying law to facts. Yet we’re supposed to accept the pretense.