Arlen Specter: “At this juncture, it might be appropriate to note that Republicans have the floor until 2:30, and if one of my…”

“At this juncture, it might be appropriate to note that Republicans have the floor until 2:30, and if one of my colleagues is to come over, I may speak a more abbreviated period of time, we will have time for another speaker to take the floor before Senator Leahy is recognized under the unanimous consent request at 2:30. I asked Judge Roberts the questions which I had set forth in the letter that I referred to, What is an appropriate jurisprudential standard on the commerce clause? Is it the one which has been followed for so many years, which is a substantial basis for the congressional decision, or is it some ``method of reasoning'' which is impossible to understand even in the context of a record from a task force in 21 States and 8 separate reports to the Congress? Judge Roberts declined to answer the question. I pressed him and finally said we would have to agree to disagree. But it seems to me when you have a question about philosophy, about judicial approach, about what is the proper standard to apply on constitutionality of a congressional exercise of authority under the commerce clause, that is the kind of question which should be answered, not sufficient to vote ``no,'' but candidly the beginning of being a little bit tempting. Then I asked him about the jurisprudence of the Supreme Court in the two cases I have already referred to under the Americans With Disabilities Act. In Garrett v.…”