"Why in the world would you call Secretary of Defense Rumsfeld and George W. Bush war criminals in a legal filing?"
"Do you share my concern that when the Court takes on the role of identifying an enumerated right... that they will be vilified as unwilling to assent to this new orthodoxy?"
"One of the things Senator Whitehouse and I agree on is he and others frequently ask nominees for the Supreme Court, do you think Brown v. Board of Education is settled law, and believe it or not, some..."
"It's appeared that the American Bar Association has taken sides, so to speak, in controversial nominations."
"To me, one of the most important aspects of the confirmation hearings is the opportunity to revisit first principles about our Government, separation of powers, freedom of speech."
"But when the courts decide to identify an unenumerated right and negate anything that conflicts with it, can't you see how they might just--might feel that this is illegitimate or a sort of policymaki..."
"one of the most important questions under our constitutional form of government and the separation of powers is who decides"
"I know in times past, the ABA has appeared to be a, frankly, a partisan during some of the judicial confirmation proceedings that I participated in the past, and that's a cause for concern."
"It's just a--it's a mode of analysis by the Court that allows the Court to substitute its opinion for the elected representatives of the people."
"I`m a bit troubled by some of the positions you have taken in arguments that you have made, representing people who have committed terrorist acts against the United States."
"Congress is not similarly constrained. We can pass broad policies, comprehensive legislation changing policy"