Supreme Court nominees are so mum about the major legal issues at their Senate confirmation hearings that the hearings serve little purpose and should probably be abandoned, Democratic Sen. Joe Biden said Thursday."The system's kind of broken," said Biden, a member of the Judiciary Committee considering the nomination of Judge Samuel Alito.
"Nominees now, Democrat and Republican nominees, come before the United States Congress and resolve not to let the people know what they think about the important issues," such as a president's authority to go to war, said Biden.
I agree with Senator Biden that the hearings should be abolished--but there may be another reason why we didn't get to hear more of Judge Alito's views. The answer is given by Richard Cohen--a supporter of Biden's politics and policies--who writes today in the Washington Post:
The only thing standing between Joe Biden and the presidency is his mouth. That, though, is no small matter. It is a Himalayan barrier, a Sahara of a handicap, a summer's day in Death Valley, a winter's night at the pole (either one) -- an endless list of metaphors intended to show you both the immensity of the problem and to illustrate it with the op-ed version of excess. This, alas, is Joe Biden.
The reviews for Biden's first crack at Samuel Alito, the humorless Supreme Court nominee, were murderous. The New York Times had Biden out on Page One -- normally a position to kill for -- only this time it was not a paean to his considerable merits, but an account of how it took him nearly three minutes of throat-clearing to ask his first question and then took the rest of his allocated 30 minutes just to get in four more. He concluded with about half a minute still left to him -- something of a personal best that even he had to acknowledge.
...his tendency, his compulsion, his manic-obsessive running of the mouth has become the functional equivalent of womanizing or some other character weakness that disqualifies a man for the presidency. It is his version of corruption, of alcoholism, of a fierce temper or vile views -- all the sorts of things that have crippled candidates in the past. It is, though, an innocent thing, as good-humored as the man and of no real policy consequence. It will merely stunt him politically.
...He has much to say -- and then too much to add. He is an anatomical disaster. His Achilles' heel is his mouth.
Someone actually did a breakdown for the Senators' questions and Alito's answers. In the alloted time, Biden spent 78% of the time asking questions and ruminating, and Alito took 22% of the time to answer. Biden's first "question" took 13 minutes.
Here's an example, courtesy of Peggy Noonan, of Biden's free-flowing talking:
What if a fella--I'm just hypothesizing here, Judge Alito--what if a fella said, "Well I don't want to hire you because I don't like the kind of eyeglasses you wear," or something like that. Follow my thinking here. Or what if he says "I won't hire you because I don't like it that you wear black silk stockings and a garter belt. And your name is Fred." Strike that--just joking, trying to lighten this thing up, we can all be too serious. Every 10 years when you see me at one of these hearings I am different from every other member of Judiciary in that I have more hair than the last time. You know why? It's all the activity in my brain! It breaks through my skull and nourishes my follicles with exciting nutrients! Try to follow me.
Noonan--who, unlike Cohen, does not agree with Biden's policies--actually finds Biden's logorrhea somewhat endearing:
The great thing about Joe Biden during the Alito hearings, the reason he is, to me, actually endearing, is that as he speaks, as he goes on and on and spins his long statements, hypotheticals, and free associations--as he demonstrates yet again, as he did in the Roberts hearings and even the Thomas hearings, that he is incapable of staying on the river of a thought, and is constantly lured down tributaries from which he can never quite work his way back--you can see him batting the little paddles of his mind against the weeds, trying desperately to return to the river but not remembering where it is, or where it was going. I love him. He's human, like a garrulous uncle after a drink.
One of the great mysteries of these hearings--as Hugh Hewitt, among others has pointed out--is why the Democrats continually kick themselves in the foot. If you want a nominee to stumble, to be caught in an inconsistency, to say something careless, what should you do? You should let him talk as much as possible! The more he talks, the more trouble he could be in. But the Democrat Senators consistently choose another strategy: talk so much that the nominee can hardly say a thing! It really is a mystery. But Cohen offers the most plausible explanation:
[Biden] has been in the Senate since 1973 and suffers, as nearly all senators do sooner or later, from the conviction that he and his colleagues are the center of the world. After all, no one -- with the possible exception of family members -- ever tells a senator to shut up. They are surrounded by fawning staff and generally treated as minor deities. They lose perspective, which is why, now that you've asked, they talk and talk at these hearings. They are convinced the world is watching. Actually, it's only a half a dozen shut-ins on C-SPAN -- and, of course, the nearly catatonic press corps. Everyone else is playing computer solitaire.
