Bench Memos

Round 2

The second round of questioning is likely to be more aggressive and pointed. Some potential lines of attack — civil rights, commerce clause — were previewed yesterday, but there will be others. Don’t be surprised if today’s hearings run late. Senate Democrats will almost certainly insist on a third round of questioning, if not more. They’ll make more complaints about the failure to release the SG memos, and argue this justifies more questioning. As a result, Roberts may face more questions tomorrow, and the outside witnesses could get pushed to Friday.

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law and the director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
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