David Cay Johnston: “I have looked into this matter in great detail, and I think the Senator from Delaware is exactly correct. I have read…”

“I have looked into this matter in great detail, and I think the Senator from Delaware is exactly correct. I have read the decisions and read the letters. I think he is exactly correct. I must say that it is a very fine legal point. Even with what my friend from Mississippi said, it is hardly the kind of matter that is so serious as to deny a person a role on the court. The question of whether or not this issue was really at issue before the supreme court--it had not been appealed on actually what we call a writ of certiorari. So this question was not really before the supreme court. What was really before the supreme court was whether the Times-Picayune was entitled to its attorney's fees and whether or not the writ of mandamus was premature. But, Mr. President, I daresay, if we gave our colleagues a pop quiz on this question nobody, save those at least on the floor, could answer the question, it is such a complicated legal matter. Suffice it to say the matter has been, I believe, effectively and thoroughly decided by the Judiciary Committee. This matter was pending for a long time. I really do not think that is the real issue behind whether Judge Dennis ought to be on the fifth circuit. Mr. President, the real question is should Judge Jim Dennis be on the circuit court of appeals? Mr. President, I have known him for over 30 years. We served in the State legislature together.”