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Confirmation Hearings: If I Were a Senator…

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1 Response

  1. Howard Wasserman says:

    But # 2 gets at the whole current problem. Republican Senators refuse to acknowledge that there is any gray area or any area in which “the law” does not provide that clear answer (Sen. Kyl asked this very question yesterday during the empathy/”law all the way down” exchange). Any nominee who even acknowledges gray area would be tagged an outside-the-mainstream liberal activist, grounds not only to oppose but also to filibuster. So the question cannot be asked or answered under the current (unfortunate) political ground rules.

    Kagan came close yesterday, insisting there are times it is difficult or not clear. But she came back to “It’s law all the way down.”

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