Seth Rosenthal: "Tired of Kabuki? Time to Tango: The Case for Litigator-Led Questioning of Supreme Court Nominees."
ACS released an issue brief entitled: “Tired of Kabuki? Time to Tango: The Case for Litigator-Led Questioning of Supreme Court Nominees,” by Seth Rosenthal, a litigation partner at Venable LLP in Washington, D.C. Rosenthal suggests that as the Supreme Court opens a new term this week, it is time to reconsider how Supreme Court confirmation hearings might be improved.
He revives the idea that the Senate Judiciary Committee bring in experienced outside litigators to take the lead in questioning Supreme Court nominees. Because practicing courtroom advocates, unlikely Senators, would be able to devote their undivided time and attention to prepare for the hearings, and because they are skilled at ferreting out information from witnesses, Rosenthal argues, they are more likely to be more successful at eliciting illuminating answers from a nominees, or, failing that, demonstrate plainly that the nominee has stonewalled.
The issue brief is available here.