According to recent comments by Senator Edward Kennedy (D-MA), “[Senators] …must not fail in our duty to the American people to responsibly examine Judge Roberts’ legal views… What we know about his views and values lends even greater importance and urgency to his responsibility to provide the Senate and the Americans people with clear answers.” Sen. Kennedy continued down a list of issues which Roberts has previously argued before the courts, concluding, “…the nominee will be expected to answer fully, so that the American people will know whether Judge Roberts will uphold their rights.”

Interestingly, during the confirmation of Justice Thurgood Marshall, the same Senator Kennedy stated unequivocally that Marshall ought to “defer any comments” on controversial issues of the day. Sen. Kennedy said during a press conference in 1967: “We have to respect that any nominee to the Supreme Court would have to defer any comments on any matters, which are either before the court or very likely to be before the court,” Kennedy continued, “This has been a procedure which has been followed in the past and is one which I think is based upon sound legal precedent.”

Apparently, Sen. Kennedy’s flexible position on litmus tests for judicial nominees correlates to the positions of extreme Left special interest groups on each nominee.

Americans for Tax Reform has called on the Senate to meet its constitutional obligation and ensure a speedy confirmation process with an up or down vote on all judicial nominees.