Thursday, September 15, 2005

Specter halts Roberts' intellectual moonwalk

Interesting line of questioning pursued by Senator Specter here on a judicial test the appears to have adoped of late in a few cases. Apparently Justice Scalia objects to the test, as does Specter:
Justice Scalia objected to the requirement the court has placed on Congress to show that its legislative approaches are "congruent" with, and "proportionate" to, the problem it is seeking to address.
This sounds familiar to Canadians...our Supreme Court adopted a legal test early on in our developing Charter of Rights and Freedoms jurisprudence (in the 1980's) to determine whether government measures were constitutional and it sounds akin to the "congruent" and "proportionate" test mentioned here. Unfortunately, would not give his views:
Mr. Specter asked Judge Roberts if he agreed with Justice Scalia's critique of the "congruence and proportionality test." The nominee declined to say, noting that another such case is on the docket for the coming term.
A shame, this would provide a real window into how he would decide area you'd think was general enough, without reference to any case law, to elicit some information, as Specter seems to suggest in his final quote in the story.