Several senators referred to Roberts' stellar academic and professional qualifications. Yet, in the words of Russ Feingold: "We must evaluate not only his qualifications, but also his ability to keep an open mind, his sensitivity to the concerns of all Americans and their right to equal protection under the laws; not only his intellectual capacity, but his judgment and wisdom; not only his achievements, but his fairness and his courage to stand up to the other branches of government when they infringe on the rights and liberties of our citizens."

    Charles Schumer (D-NY) declared that the American people "need to know above all that, if you take the stewardship of the high court, you will not steer it so far out of the mainstream that it founders in the shallow waters of extremist ideology."

    Explaining why it is critical that Roberts fully answer questions about his judicial philosophy and legal ideology, Schumer said, "As far as your own views go, however, we only have scratched the surface. In a sense, we have seen maybe 10 percent of you - just the visible tip of the iceberg, not the 90 percent that is still submerged. And we all know that it is the ice beneath the surface that can sink the ship."

    Will John Roberts be forthcoming about his views on the issues of concern to Americans, such as civil rights, women's rights, privacy, religious liberty, executive power, and environmental rights? Or will he play hide the ball and deprive us of critical information with which to judge the man who will judge the issues that affect us all?

    Quoting Senator Paul Simon at the Ginsburg confirmation hearing, Durbin cautioned Roberts: "You face a much harsher judge than this committee. That's the judgment of history. And that judgment is likely to revolve around one question: Did you restrict freedom or did you expand it?"

Marjorie Cohn is a professor at Thomas Jefferson School of Law, executive vice president of the National Lawyers Guild, and the US representative to the executive committee of the American Association of Jurists. She can be reached at m-cohn@mwcnews.net"title="m-cohn@mwcnews.net" target="_blank">m-cohn@mwcnews.net

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